SOM NATH Vs. KAMLA RANI AND OTHERS

JUDGEMENT

(1.) Vide this petition, the petitioner, i.e. the plaintiff before the learned Civil Judge (Junior Division), Jalandhar, challenges the order passed by that court on 15.12.2018, allowing the application filed by the contesting respondents (contesting defendants before the trial court), seeking to lead secondary evidence in the suit.

(2.) Notice having been issued in the application, the petitioner-plaintiff filed a reply thereto (copy Annexure P-5 with the present petition), raising preliminary objections on the maintainability of the application on the ground that even cross-examination of the defendants already having been conducted, and further, that with DW3 Ashok Kumar having stated that the original agreement had already been produced on judicial file but with DW2 Kiran having stated that she was in possession of the agreement and that she was willing to produce it, the applicants could not file the application in the face of the contradictory stands taken.

(3.) In the reply on the merits of the application, the petitioner-plaintiff refuted the execution of the agreement itself, further stating that if any such agreement had been executed, it would have been in the possession of the purchasers, i.e. the defendants, and consequently, the application deserved to be dismissed.