BALWANT SINGH Vs. ANITA

JUDGEMENT

(1.) Defendant Balwant Singh by filing this revision petition under Article 227 of the Constitution of India has assailed order dated 9.6.2012 Annexure P/1 passed by learned trial court thereby allowing application Annexure P/2 moved by respondent-plaintiff for secondary evidence of the alleged agreement to sell dated 5.11.2003.

(2.) Respondent-Plaintiff Anita in the suit has inter alia claimed relief of specific performance of agreement to sell dated 5.11.2003 allegedly executed in her favour by the defendant petitioner.

(3.) In application Annexure P/2, the plaintiff alleged that the original agreement was in possession of the defendant who has, however, denied the possession thereof. The plaintiff accordingly sought permission to produce the photostat copy of the agreement by way of secondary evidence.