RAJ RANI Vs. JAMUNA DEVI

JUDGEMENT

(1.) An application for permission to lead secondary evidence filed by the plaintiff was dismissed by the Civil Judge, (Junior Division), Rewari, vide order dated 4.6.1998, which is impugned in this Revision Petition.

(2.) A suit for permanent injunction was filed. During the pendency of the said suit, the plaintiff moved this application to lead secondary evidence in relation to the certified copy of the compromise deed alleged to have been entered into between the parties. The application was opposed by the responded and was dismissed, as already noticed.

(3.) The only reasoning given by the learned trial Court for declining the said application is that the original of the document in question or its existence has not been proved on record. To support this reasoning, learned trial Court has further referred that as photo copy could be produced by super imposition, thus genuineness of the document would be doubtful and hence secondary evidence could not be allowed.