GUREJEET SINGH Vs. RANJIT KAUR AND ANOTHER

JUDGEMENT

(1.) Petitioner has assailed the order dated 20.04.2018 passed by the Civil Judge (Sr. Divn.) Mansa whereby an application for leading secondary evidence in respect of agreement to sell dated 14.01.2015 executed between Satgur Singh through his mother Ranjit Kaur (plaintiff) and Gurjit Singh(defendant) was dismissed.

(2.) Brief facts are that the plaintiffs filed a suit for recovery of Rs.2,00,000/- along with interest @ 12% per annum from 14.01.2015 till realization of the amount with costs of the suit.

(3.) Earlier application under Order 11 Rule 14 CPC was filed by the plaintiffs for directing the defendant to produce original agreement to sell dated 14.01.2015. The defendant denied execution of said agreement to sell between him and the plaintiff No.1. The application was dismissed on 17.01.2018. Thereafter plaintiffs filed the application for leading secondary evidence to prove the agreement to sell dated 14.01.2015 executed between Satgur Singh through his mother Ranjit Kaur and Gurjeet Singh defendant. Though the defendant has denied execution of agreement to sell in reply to application under Order 11 Rule 14 CPC, however in para no.3 of the written statement, he admitted its execution. Defendant also stated that he had already paid an amount of Rs.2 lakhs for the land. Date for execution of sale deed was fixed as 30.04.2015. He further stated that on 29.04.2015 another agreement to sell was executed. Leading of secondary evidence in respect of agreement to sell dated 14.01.2015 was claimed to be just and proper.