NARESH KUMAR Vs. AMIT KUMAR AZAD

JUDGEMENT

(1.) This order of mine shall dispose of two connected petitions Nos.4425 and 5951 of 2009, since both the petitions involve the same question of law and are between the same parties, as such they are being decided together.

(2.) Assailed in these petitions are the orders dated 23.7.2009 and 4.9.2009 (Annexure P-2, in both the petitions), passed by the Additional Civil Judge (Sr. Division), Talwandi Sabo, dismissing the application moved by the petitioner for leading secondary evidence by way of proving agreement to sell dated 5.11.2004 executed between the parties. Though the petitioner has relied upon the judgment delivered in case Kuldip Kaur vs. Chhatar Singh 2008 (3) Civil Court Cases 775 (P&H) in order to contend that the photo copy of the sale deed could be allowed to be proved by way of secondary evidence yet, the court refused to place reliance on the said judgment while observing that the petitioner was seeking permission to prove photo copy of the photo copy of the original. Picking up the arguments from these observations, the learned counsel has presented before me attested copy of the agreement stating that he never wanted to prove photo copy of the photo copy but he wanted to prove copy of the original agreement to sell attested by the Notary Public which had been prepared from the original.

(3.) The learned counsel for the respondent has nothing to say about the aforesaid judgment as well as the contradictory observations given by the trial court.