SUKHDEV SINGH Vs. LEKHRAJ

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging order dtd. 10/9/2018, whereby the application submitted by petitioners-plaintiffs for calling the original documents from the defendants as well as for submitting photocopy of the agreement dtd. 17/10/1988 on record as secondary evidence has been dismissed by the learned trial Court.

(2.) Brief facts of the case are that petitioners-plaintiffs filed a suit for specific performance against respondents-defendants before the learned trial Court. During pendency of the suit before the learned trial Court, the petitioners-plaintiffs filed an application under Order 11 Rule 14 read with Sec. 151 CPC and read with Sec. 67 of the Indian Evidence Act, 1872. The prayer made by the petitioners in the said application reads as under:

(3.) The said application was dismissed by the learned trial Court vide order dtd. 7/7/2017 and the learned trial Court refused to take photocopy of agreement dtd. 17/10/1988 on record as secondary evidence.