RAI SINGH Vs. KAPOORI DEVI

JUDGEMENT

(1.) This petition assails the order dated 10.9.2012 (Annexure P/5) passed by the trial court, dismissing the application filed by the petitioner for leading secondary evidence.

(2.) In this case, the original sale deed is alleged to have been lost and the counsel for the petitioner, when he was on his turn to lead evidence, applied for invoking the provisions of Section 65 of the Indian Evidence Act, 1872, to lead secondary evidence on the ground that the original sale deed has been misplaced.

(3.) The secondary evidence by way of placing on record copy of the sale deed i.e. copy of the document kept in the public record is admissible in evidence. It was also observed in case Om Parkash and others vs. Ram Gopal alias Paali Ram alias Doojpuri Maharaj and another,2011 4 PunLR 364 as under :-