SHANGARA SINGH Vs. JAWALA SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order of the trial Court dated May 22, 1992 whereby an application filed by the plaintiff to prove an agreement by way of secondary evidence was dismissed.

(2.) THE plaintiff filed a suit for specific performance on the basis of an agreement dated October 3, 1984 executed by the defendant in his favour. An application for permission to produce secondary evidence to prove the said agreement was filed by the plaintiff on the ground that the agreement was not traceable despite search and the same had been lost in the house and that the production thereof in the Court was beyond his control. The prayer of the plaintiff was opposed by the defendant on the plea that the plaintiff had seat a registered notice to him and in the notice the plaintiff had not mentioned that the agreement had been lost. Besides, the defendant denied the execution of the agreement in question.

(3.) THE trial Court while relying upon the observations of this Court in Hira and Anr. v. Smt. Gurbachan Kaur, (1988-2) 94 P. L. R. 173, dismissed the application by observing that photostat copy of the entry in the register of the petition writer, produced in Court, had blurred thumb impression of the defendant and was not decipherable.