ZILE SINGH Vs. SUBHASH CHAND AND OTHERS

JUDGEMENT

(1.) Instant civil revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 17.10.2012 passed by learned Additional Civil Judge (Sr. Divn.), Assandh whereby application moved by respondents-defendants under Section 65 of the Indian Evidence Act, 1872 ( in short "the Act") seeking permission to prove photocopy of receipt dated 28.11.2007 vide which respondent no.1 allegedly paid the amount of Rs. 2 lacs to the petitioner on account of lease of land measuring 2 acres, by way of secondary evidence, has been allowed.

(2.) Shorn of unnecessary details, the facts relevant for disposal of the present petition are to the effect that the petitioner-plaintiff filed a suit seeking decree for mandatory injunction directing the respondents to pay the lease money of 2 acres of land from 15.04.2007 as per the prevailing rate of lease money in the village to the plaintiff till he is alive. During the pendency of suit, respondent no.1 filed application for secondary evidence to prove photostat copy of the alleged receipt dated 28.11.2007 on the ground that the original receipt dated 28.11.2007 is not in his custody. The same is in the custody of Vijay Singh Mann, who is one of the attesting witnesses of the same. At the relevant time, respondent no.1 was handed over a photostat copy of the original receipt dated 28.11.2007, therefore, he may be permitted to produce photostat copy of the same by way of secondary evidence. The said application was contested by the petitioner and alleged that the alleged receipt dated 28.11.2007 is a result of fraud. Respondent no.1 is not placing the said receipt on file knowingly and intentionally. Vide impugned order dated 17.10.2012, the trial Court after considering the pleadings of the parties allowed the said application. Hence, this revision petition.

(3.) I have heard learned counsel for the parties and perused the record.