SHARDA RANI Vs. AMAR SINGH AND ORS.

JUDGEMENT

(1.) Instant civil revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 04.05.2015 (Annexure P -6) passed by learned Civil Judge (Jr. Divn.), Panchkula whereby application under Sec. 65 of the Indian Evidence Act, 1872 (in short "the Act"), moved by the petitioner -plaintiff, seeking permission to prove photocopy of the agreement to sell dated 08.01.2011, allegedly executed by respondent Nos. 1, 2 and 4 in favour of the petitioner -plaintiff, by way of secondary evidence, has been dismissed.

(2.) Shorn of unnecessary details, the facts relevant for disposal of the present revision are to the effect that the plaintiff filed a suit for recovery of Rs. 2 lacs along with interest @ 18% per annum from the date of agreement to sell dated 08.01.2011 till its actual realization. The agreement to sell was allegedly entered into between the plaintiff and defendant Nos. 1, 2 and 4 and stipulated date for execution and registration of sale deed was fixed as 30.04.2011, however, with mutual consent the date was extended to 02.01.2012. Defendant No. 1 and plaintiff appended their signatures in presence of marginal witness. Thereafter, defendant No. 3 requested the plaintiff to hand over the original agreement to sell in order to get it initialed by defendant Nos. 2 and 3. The plaintiff under good relations handed over the original agreement, but the defendants failed to comply with the same and the plaintiff issued legal notice dated 26.05.2014, calling upon the defendants to hand over the original agreement to sell, but to no avail. During the pendency of suit, the plaintiff moved an application for exhibiting the photocopy of agreement to sell dated 08.01.2011 by way of secondary evidence, but the same has been dismissed vide impugned order dated 04.05.2015. Hence, this revision petition.

(3.) I have heard learned counsel for the parties and perused the record.