GURJANT SINGH Vs. CHARAN DASS TERIA

JUDGEMENT

(1.) THE defendant - petitioner has assailed the order dated 18.8.2007, whereby the Civil Judge (Sr.Divn.) Muktsar had allowed the application for leading secondary evidence of the agreement dated 28.5.2001 and a writing dated 4.6.2001, overleaf the agreement.

(2.) THE plaintiff - respondent filed a suit for recovery for Rs.5,74,800/ - on the basis of the alleged agreement dated 28.5.2001 by setting up a plea that original agreement has been lost and he wants to prove both the aforesaid documents by way of secondary evidence. The Trial Court allowed the secondary evidence, subject to examining the evidentiary value of the same at the appropriate time.

(3.) THE provisions of Section 65 were introduced in the Act to safeguard the rights of the parties who are likely to loose their rights for want of proof of the original document. No absolute right has been given to the effected party to lead secondary evidence, but in case of proof of loss or damage to the original document, the party could prove the same by way of secondary evidence. However, the only obligation before leading secondary evidence was to prove the existence of such document.