DEHAR VANSHI MINI RICE MILLS Vs. RAJENDER KUMAR

JUDGEMENT

(1.) By way of this order, I shall dispose of two revision petitions bearing CR Nos. 4805 and 4806 of 2014 being inter-connected. However, the facts are extracted from CR No. 4805 of 2014.

(2.) The defendant is in revision against the order dated 11.07.2014 by which its application for leading secondary evidence has been declined.

(3.) The plaintiff filed a suit for recovery of Rs. 9,90,725/- along with interest @ 12% per annum. The defendant alleged in the written statement that the payment has already been made in three transactions and the effect thereto has been brought in the income tax returns maintained by him. It is nowhere mentioned in the written statement that when the amount was paid/re-paid to the plaintiff or some receipt was also executed by the plaintiff. The defendant then filed an application for leading secondary evidence to prove photocopy of some receipt alleged to have been executed by the plaintiff acknowledging the payment made by the defendant for the amount claimed in the suit. However, the learned Trial Court dismissed the application, inter alia, on the ground that the defendant has not taken any such plea in the written statement about the receipt of the payment made to the plaintiff.