BALWINDER SINGH Vs. SWAMI ALIAS SOMUI

JUDGEMENT

(1.) The suit for a declaration has been filed by the plaintiff contending that there had been a partition of the properties orally and brought through an agreement of partition. The plaintiff's side has been closed and at the stage of examination of the defendant, the plaintiff sought for production of secondary evidence of the partition agreement contending that the original was with the defendant and therefore, he should be permitted to file the photocopy of the document.

(2.) The Court below has rejected the plea on the ground that the plaintiff's side has been closed and it is not possible to admit the document as secondary evidence at this stage. I had directed the counsel to furnish the translated copy of document which was sought to be relied on. The document contained the following recital:-

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