JUHRUDDIN Vs. IQBAL

JUDGEMENT

(1.) Challenge in this revision petition filed under Article 227 of the Constitution of India is to the order dtd. 16/9/2023 (Annexure P-1), passed by learned Additional Civil Judge (Senior Division), Ferozepur Jhirka, District Mewat (hereinafter referred to as - the Trial Court), whereby application filed by the respondents/plaintiffs, seeking permission to prove the agreement to sell dtd. 29/8/2014 by leading secondary evidence, has been allowed.

(2.) Brief facts, as culled out from the petition, are that the plaintiffs/respondents filed a suit for specific performance of the agreement to sell dtd. 29/8/2014, entered into by the defendants/petitioners with plaintiffs/respondents.

(3.) During pendency of the case, the plaintiffs/respondents moved application for grant of permission to lead secondary evidence of the agreement to sell dtd. 29/8/2014, entered into between the parties. It was submitted therein by the plaintiffs/respondents that on 16/7/2016, during their visit to the Court Complex, Ferozepur Jhirka, they lost the original agreement. DDR was also registered regarding this loss. It was further pleaded in the application that the true and correct photocopy of the agreement was in the possession of the plaintiffs/respondents and they intended to prove the aforesaid agreement to sell by way of secondary evidence. The defendants/petitioners filed reply to the application. The application was allowed by the learned Trial Court vide impugned order dtd. 16/9/2023.