RAM SINGH Vs. ANGURI

JUDGEMENT

(1.) Learned counsel for the petitioners submits that he moved an application under Order 8 Rule 1 A (3) of the Civil Procedure Code, 1908 as well as an application under Sec. 65 of the Indian Evidence Act, 1872 to take on record secondary evidence.

(2.) Learned counsel submits that both the applications have been rejected by the court wrongfully. Learned counsel submits that relevance of the document and whether it is duly registered or not would have been only considered after the same is taken on record. Therefore, the application under Order 8 Rule 1 A (3) has wrongfully been dismissed.

(3.) Learned counsel further submits that the application moved under sec. 65 of the Indian Evidence Act for treating the said documents as a secondary piece of evidence has also been wrongfully rejected. Petitioner had come out specifically with the case that he had misplaced the original agreement and therefore he produced photocopy of the original. I have considered the submissions.