GAGAN SINGH Vs. HEM RAJ

JUDGEMENT

(1.) Instant Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, is directed against the order dated 16.8.2017 passed by learned Civil Judge (Junior Division), Indora, District Kangra, H.P., in CMA No.233 of 2017, whereby an application having been filed by the petitioners (hereinafter referred to as the plaintiffs) under Section 65 of the Indian Evidence Act ( for short 'Act'), seeking therein permission to prove sale deed dated 15.12.1986 by way of secondary evidence, came to be rejected.

(2.) Briefly stated facts, as emerge from the record are that the plaintiffs filed a suit, seeking therein declaration that the plaintiffs and defendant No.2 are owners in possession of the suit land, detail whereof is given in the plaint, on the basis of the sale deed executed by defendant No.1 in favour of the plaintiffs and defendant No.2 on 8.12.1986. In the suit, as referred hereinabove, plaintiff also sought consequential relief of injunction.

(3.) Defendant No.1 by way of written statement refuted the claim of the plaintiffs. He also filed counter claim (Annexure P-3).