AMARJEET KAUR Vs. RAGHBIR SINGH AND OTHERS

JUDGEMENT

(1.) THE application for reception of secondary evidence has been dismissed and therefore the petitioner is before this Court. This Court has set out a procedure to be followed when secondary evidence is sought to be given. There is not even a necessity of filing such an application. If a party gives any of the grounds set out under Section 65 of the Indian Evidence Act for non -production of the original and seeks for production of secondary evidence the Court shall receive the same and allow for the statement made by the witness to be cross examined. If it is elicited in the cross examination that there was no justification for production of secondary evidence the Court shall consider the same at the time arguments when the case comes to conclusion. It shall not be prejudged. This issue has been considered by this Court in Atma Nand (deceased) through LR Vs. Ram Sarup (deceased) through his L.Rs reported in, 2012 (1) PLR 440, Dr. S.P. Arora Vs. Satbir Singh, 2010 (5) RCR (Civil) 350 and Simar Pal Singh Vs. Hakam Singh : 2009 (2) PLR 562. The impugned order is set aside. The civil revision is allowed dispensing with notice to the respondents, for, it is an issue of procedure which has been laid down through law already. There cannot be repeated breach of directions given by this Court, by the Courts below.