HARJINDERKAUR Vs. GURSEV SINGH

JUDGEMENT

(1.) Petition herein is for setting aside order dtd. 2/3/2023 (Annexure P- 3) passed by Ld. Civil Judge (Jr. Division), Patiala, whereby the application moved by respondent/defendant No.1 for leading secondary evidence, was allowed.

(2.) Succinct facts first, as pleaded in the instant petition.

(3.) Learned counsel for petitioner/plaintiff wouldargue that Ld. Trial Court failed to appreciate the fact that as per Sec. 64 of the Indian Evidence Act, the documents must be proved by way of preliminary evidence and even the instant application does not fall within the exceptions as provided under Sec. 65 of the Indian Evidence Act since the defendant has not mentioned in his written statement that the document was lost. He would further argue that even non-traceability of alleged document is not yet proved. Further, foremost requirement of law is respondent No.1 has to prove the existence of original document, which he has miserably failed to do.