MOHINDER SINGH Vs. PALA SINGH

JUDGEMENT

(1.) The present revision petition has been filed under Art. 227 of the Constitution of India for setting aside impugned order dated 20.1.2017 passed by Additional Civil Judge (Senior Division), Faridkot, whereby, an application filed by the respondents-plaintiffs under Sec. 65 of the Indian Evidence Act, 1872 (hereinafter referred to as 'the Act') has been allowed.

(2.) Briefly, the facts of the case are that respondents-plaintiffs No. 1 to 15 filed a suit for possession through redemption of land measuring 60 kanals 16 marlas situated in the revenue estate of village Qila Nau, Tehsil and District Faridkot on payment of mortgage amount of Rs. 4087/- to the petitioners-defendants and upon issuing of notice in the suit, the petitioners-defendants filed a detailed written statement. During pendency of the suit, respondent No.1-plaintiff filed an application under Sec. 65 of the Act. Said application was contested by the petitioners-defendants by filing reply rasing specific objection therein that such an application was not maintainable as there was no provision of law to allow secondary evidence of certified copy. Said application was allowed vide order dated 20.1.2017, which is subject matter of challenge in the present petition.

(3.) Learned counsel for the petitioner contends that the application moved by the respondents-plaintiffs has been allowed without proper appreciation of Sec. 63 of the Act, whereas, requirement of said Sec. is that a document can be received as an evidence under the head of secondary evidence only when the copies made from or compared with the original are certified copies. The documents in question sought to be produced by way of secondary evidence are admittedly certified copies prepared from certified copies as originals are not available. Learned counsel further contends that there is no possibility of the documents being compared with the original. The trial Court while allowing the application has lost sight of requirement of Sec. 65 (a) of the Act as the secondary evidence can be admitted in case the conditions prescribed under Sec. 65 are satisfied.