ARUN KUMAR Vs. JOGA SINGH

JUDGEMENT

(1.) Present petition is filed challenging the order dated 18.8.2010 passed by Additional Civil Judge (Sr. Division), Kaithal, whereby application moved by the plaintiff seeking permission to lead additional evidence was rejected on the ground that application is not supported by an affidavit.

(2.) Learned Counsel for the petitioner has placed reliance on the judgment of this Court in the case of Ashok Kumar Sachdeva v. Harish Malik,2007 4 RecCivR 311. In the case of Ashok Kumar Sachdeva (supra), learned Single Judge has observed as under:

(3.) Learned Counsel for the plaintiff/petitioner states that the fact regarding loss of original documents can only be proved when plaintiff is permitted to lead secondary evidence. He further states that plaintiff is not supposed to prove loss of the document prior to the stage he is permitted to lead secondary evidence.