UDAI SHANKER Vs. RATTAN SINGH

JUDGEMENT

(1.) The petitioner has challenged the order of Sub-Judge IIIrd Class, Faridabad, dated 29th November, 1990 whereby his application seeking permission to prove certain documents by way of secondary evidence was declined.

(2.) Briefly, put, the plaintiff filed a suit for declaration to the effect that he is owner in possession of the land by virtue of a registered sale deed dated 23rd February, 1976 executed by Ram Lal, father of the defendants, in his favour. The suit was necessitated as on the death of Ram Lal mutation of inheritance has been sanctioned in favour of the defendants showing them to be the owners of the land purchased by the plaintiff vide sale dated 23rd February, 1976.

(3.) The plaintiff filed an application seeking permission to adduce secondary evidence in respect of the sale deed and the original power of attorney since the same were alleged to have been misplaced by the Patwari Halqa who was given with a view to get his name recorded in the revenue papers. The plaintiff thus prayed that the necessary record from the office of Sub Registrar be summoned and these documents may be permitted to be adduced by way of secondary evidence. This application was resisted by the defendants on the ground that both these documents are forged and fabricated and otherwise also loss of these documents have not been proved as per law.