SUSHIL KUMAR SINGLA Vs. BHAGWAN SINGH SANDHU

JUDGEMENT

(1.) Petitioner-plaintiff filed a suit for specific performance in respect of agreement to sell dated 16.02.2011. The said suit is pending. In the written statement filed by the defendant, the execution of agreement was denied and it was claimed that the same is forged and fabricated. Reliance was placed on a deed of dissolution of firm dated 15.11.2008.

(2.) Plaintiff led his evidence by examining five of the plaintiff witnesses. Thereafter, an application was filed for production of original deed of dissolution by the plaintiff and the said application was disposed of on the basis of statement made by the defendant that the deed is in possession of his father. Thereafter, plaintiff summoned father of the defendant who appeared in the Court and made a statement on 09.08.2016 that the deed of dissolution has been misplaced.

(3.) After closure of evidence of plaintiff, defendant started leading his evidence. During pendency of his evidence, he moved an application under Section 65 of the Evidence Act for production of dissolution deed by leading secondary evidence in respect of dissolution deed.