PREETI ARORA Vs. MADHU ARORA

JUDGEMENT

(1.) Petitioner has filed this revision petition against the order dated 05.07.2017 passed by the Civil Judge (Jr. Divn.) Ludhiana vide which prayer of the defendants for leading secondary evidence in terms of section 65 of the Indian Evidence Act (hereinafter to be referred as 'the Act') was allowed.

(2.) Brief facts are that the plaintiff filed a suit for declaration to the effect that the plaintiff has one half share in the property measuring 36 sq. yards having defined dimensions. Further relief of permanent injunction was also sought. During pendency of the suit, the application under Section 65 of the Act was filed by the defendants for leading secondary evidence to prove photocopy of alleged memorandum of oral settlement/compromise and affidavit dated 30.03.2013 effected between plaintiff and defendant No. 1 which was attested on 17.04.2013.

(3.) The aforesaid application was contested by the plaintiff on the ground that memorandum of settlement and the alleged affidavit dated 30.03.2013 were forged and fabricated documents and the alleged documents were never executed, therefore, there was no question of leading secondary evidence by the defendants. The alleged execution of affidavit by the plaintiff was in respect of withdrawal of the civil suit. The original memorandum of settlement was in possession of the plaintiff and plaintiff failed to produce the same.