MANJIT SINGH Vs. GURDEEP SINGH & OTHERS

JUDGEMENT

(1.) DEFENDANT No. 1 -Manjit Singh, by filing this revision petition under Article 227 of the Constitution of India, has impugned order dated 10.07.2013 Annexure P -7 passed by the trial Court thereby allowing application Annexure P -4 filed by respondents No. 1 and 2/plaintiffs for secondary evidence of agreements dated 09.01.2009 and 25.03.2009 subject to proof of existence and loss thereof. Plaintiffs have alleged in plaint Annexure P -1 that defendants No. 2 to 5 (proforma respondents No. 3 to 6) agreed to sell the suit land to defendant No. 1 -petitioner vide agreement dated 09.01.2009 and thereafter defendant No. 1 agreed to sell the suit land to the plaintiffs vide agreement dated 25.03.2009. Defendant No. 1 received Rs. 50,00,000/ - as earnest money from the plaintiffs. Defendant No. 1 also supplied photostat copy of agreement dated 09.01.2009 to the plaintiffs at the time of execution of agreement dated 25.03.2009. On 29.05.2009, defendant No. 1 in connivance with other defendants took the original agreement dated 25.03.2009 from the plaintiffs on the pretext of getting signatures of defendant No. 3 thereon and fled away with the original agreement. Thereupon plaintiffs lodged FIR on 30.05.2009 against the defendants. Reiterating the same version in the application Annexure P -4, plaintiffs sought permission to lead secondary evidence of both the aforesaid agreements.

(2.) DEFENDANT No. 1, by filing reply Annexure P -5, contested the application and denied the averments made therein. Existence and execution of both the agreements was denied. Similar reply Annexure P -6 was filed by defendants No. 2 to 4 and also separate reply by defendant No. 5.

(3.) I have heard counsel for the parties and perused the case file.