DEVKARAN Vs. GHASI

JUDGEMENT

(1.) This writ petition has been filed by the petitioner- plaintiff (hereinafter referred to as 'the plaintiff') against the order dated 21. 11. 2016 passed by the Trial Court, whereby the application filed by the plaintiff under Section 65 of the Evidence Act has been dismissed.

(2.) Facts of the case are that the plaintiff filed a suit for specific performance of the family settlement dated 6. 2. 1994.

(3.) During the pendency of the suit, the plaintiff filed an application under Section 65 of the Evidence Act for exhibiting certified copy of the family settlement as secondary evidence on the ground that the original thereof was lost. The defendants filed reply to the said application. The Trial Court vide its order dated 21. 11. 2016 dismissed the plaintiff's application filed under Section 65 of the Evidence Act.