AMRIK SINGH Vs. SURINDER JIT KAUR

JUDGEMENT

(1.) BY means of this petition filed under Article 227 of the Constitution of India, the petitioners (hereinafter referred to as the plaintiffs), have challenged the order dated 18.3.2011 passed by the Civil Judge (Junior Division), Solan whereby he rejected the application filed by the plaintiffs under Section 65 of the Indian Evidence Act read with Section 151 CPC seeking permission of the Court to prove the documents Mark P, Q, S, T, U, V, X, Y, Z, Z1, Z2 and Z3 by leading secondary evidence.

(2.) BRIEFLY stated, the facts of the case are that the petitioner Amrik Singh filed a suit against his paternal Aunts Surinderjit Kaur and Bhupinder Kaur claiming that he be declared to be owner in possession of the suit property and that the revenue entries showing late Smt.Mohinder Kaur and the defendants as owners in possession of the suit property are illegal and inoperative.

(3.) AT the outset, I may state that the documents in question are all documents purported to have been issued on behalf of the National Seeds Corporation Ltd. Some of these documents are receipts and some are store requisition forms. The plaintiffs had summoned a witness from the office of the National Seeds Corporation Ltd. to produce the record to prove/corroborate the documents but the witness stated that the documents were very old and the record had been destroyed. The plaintiffs thereafter moved this application. The learned trial Court rejected the same on the ground that the plaintiffs had been given a large number of opportunities to lead evidence and therefore could not be given another opportunity to lead the evidence and therefore rejected the application.