BALJIT KAUR Vs. MOHINDER KAUR

JUDGEMENT

(1.) DISMISSAL of an application Under Section 65 of the Evidence Act filed by the plaintiff-petitioner for leading secondary evidence of the agreement, by the trial Court vide order dated October 24, 1988 has given rise to the present revision petition.

(2.) PLAINTIFF petitioner filed a suit which is still pending disposal. In the said suit she filed an application Under Section 65 of the Evidence Act seeking permission to lead secondary evidence of the agreement. According to her the agreement was in possession of the defendant or his attorney Prem Singh, Notice of the application was given to the defendant who denied having executed any agreement to sell and even otherwise, it was stated that there was no question of such agreement being in possession of the defendant. In the circumstances, the trial Court dismissed the said application.