SUSHIL KUMAR Vs. SOURABH & OTHERS

JUDGEMENT

(1.) In this revision petition filed under Article 227 of the Constitution of India, order dated 05.12.2011 Annexure P-4 passed by the trial Court is under challenge at the hands of plaintiff- Sushil Kumar whose application Annexure P-2 for leading secondary evidence of decree dated 02.12.1986 Annexure P-1 along with site plan dated 19.11.1986 has been dismissed by the trial court.

(2.) In application annexure P-2, the plaintiff alleged that in order to prove the aforesaid decree, the plaintiff summoned the Record Keeper of record room of Deputy Commissioner, Kurukshetra with record of the suit in which the aforesaid decree was passed, but the Record Keeper stated that the file was not traceable and it could be summoned from Record Room, Kaithal. Accordingly, the plaintiff summoned concerned official of Record Room, Kaithal but letter was received from Deputy Commissioner, Kaithal intimating that the summoned record had already been sent to Deputy Commissioner, Kurukshetra in the year 1993. In these circumstances, the plaintiff sought permission to lead secondary evidence of the aforesaid decree sheet and site plan.

(3.) Defendants No.1 and 2 by filing reply Annexure P-3 denied the existence of the alleged decree sheet and site plan. It was also alleged that the alleged decree, if any, does not relate to the suit property.