PARAMJIT KAUR Vs. SANTOKH SINGH

JUDGEMENT

(1.) This petition is directed against the order of the trial Court dated 12 the October, 1989, whereby the application filed by defendant No. 4 Paramjit Kaur under Section 65 of the Evidence Act for permission to lead secondary evidence was dismissed.

(2.) Defendant No. 4 Smt. Paramjit Kaur filed the application on 19th September, 1989, seeking permission to lead secondary evidence of the documents of power of attorney dated 30th October, 1968. Both these documents were said to be in possession of defendant No. 1 Karamjit Singh. Since the said documents were registered, certified copies of the same were attached along with the application. The application was contested on behalf of the petitioner-plaintiff. The trial Court declined the said application primarily on the ground that Karam Singh defendant has not stated as to when the general power of attorney allegedly executed by Joginder Singh in favour of his father Karnail Singh was lost. Moreover, Karam Singh should have filed the written statement and the fact of loss of documents in question should have been mentioned by him written statement. He has neither filed any written statement nor the fact of loss of documents was taken at the earlier stage. Moreover, even in the application it was not explained as to when the documents were lost. So, the application of the defendant has to be dismissed as vague.

(3.) Learned counsel for the petitioner submitted that the trial Court has acted illegally and with material irregularity in the exercise of its jurisdiction. Moreover for the conduct of Karam Singh, defendant No. 4 could not be allowed to suffer, as the petitioner is vendee and is in possession of the suit land.