OM PARKASH Vs. SOM NATH

JUDGEMENT

(1.) Refusal of the trial Court to allow the defendant-petitioners to lead secondary evidence has led to the filing of the present petition.

(2.) In a suit filed by the plaintiff-respondent for permanent injunction restraining the defendant-petitioners from raising any type of construction over the suit property, the defendants laid a claim that they are owners of the suit property as they had purchased it from its real owner vide sale deed dated 26.4.1979. The defendants made an application before the trial Court seeking permission to lead secondary evidence in respect of the said sale deed dated 26.3.1979 stating that the original sale deed had been lost and was not traceable despite best efforts; that for tracing the original sale deed the defendants had sought two adjournments but the document was not traceable.

(3.) The application was contested by the plaintiff-respondent stating that the defendant-petitioners never sought any adjournment for tracing the sale deed.