BALDEV SINGH Vs. JASKARAN KAUR AND OTHERS

JUDGEMENT

(1.) The present revision petition has been preferred against the order dated 04.01.2016 passed by learned Additional Civil Judge (Senior Division), Ajnala, whereby the application filed by respondentsdefendants under Section 65 of the Indian Evidence Act, 1872 (hereinafter called the 'Evidence Act') to lead the secondary evidence has been allowed.

(2.) The respondents-defendants had moved an application under Section 65 of the Evidence Act for permission to produce and prove the sale deed dated 15.07.1967 executed by Labh Singh in favour of Dalip Singh the predecessor-in-interest of defendant No.1 by way of secondary evidence on the ground that the original sale deed was in possession of Dalip Singh who has died on 01.07.1989 and the sale deed could not be traced out despite the best efforts. The production of the sale deed dated 15.7.1967 is very material for the just adjudication of the present litigation. It has been prayed that the defendants-respondents may be allowed to prove on record the copy of the sale deed by way of secondary evidence.

(3.) The said application was contested by the petitionerplaintiff on the plea that Labh Singh had never executed any sale deed dated 15.07.1967 in favour of Dalip Singh or anybody else. All other averments raised in the application were denied.