JARNAIL SINGH Vs. CHAJJA SINGH

JUDGEMENT

(1.) This revision petition seeks to challenge the order dated 14.1.1999 passed by the Additional Civil Judge (Senior Division), Kurukshetra, dismissing an application under Section 65 of the Evidence Act for leading secondary evidence.

(2.) According to the petitioner, an agreement had been entered into between the parties on 16.1.1992 regarding the dispute that arose between them with regard to the Gali (street). The same is stated to be executed in Police Station, Ladwa, and the original was retained by the police. It was also stated that the record from the Police Station had been summoned along with the agreement, but the record keeper had made a statement that the agreement including the record for the year 1992 had already been destroyed and, therefore, it was prayed that the petitioner should be allowed to prove the photocopy of the same by leading secondary evidence. This application was contested by the respondent on various grounds. The Additional Civil Judge (Senior Division), after hearing arguments, rejected the same; hence the revision petition.

(3.) I have heard the learned counsel for the parties and have gone through the documents relied upon by them during the course of arguments is support of their rival contentions.