MANISH MAHAJAN Vs. DEVI SHANKAR

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been filed against the order dtd. 4/8/2021 passed by the learned Additional District Judge No.1, Baran, District Baran whereby, an application filed by the petitioner-plaintiff under Sec. 65 of the Evidence Act, 1872 (for brevity, 'the Act of 1872') has been dismissed.

(2.) The facts in brief are that in a suit filed for specific performance of the agreement and permanent injunction, the petitioner filed an application under Sec. 65 of the Act of 1872 for tendering a photocopy of the photocopy of the agreement to sell dtd. 22/7/2011 in evidence. The aforesaid application has been dismissed by the learned trial Court vide its order dtd. 4/8/2021, impugned herein.

(3.) Assailing the order, learned counsel for the petitioner submitted that photocopy of a photocopy of the original document was admissible in evidence. He, in support of his submission, relies upon a judgment of Hon'ble Apex Court of India in case of M. Chandra v. M. Thangamuthu and Anr.: (2010) 9 SCC 712. He, therefore, prays that the order impugned dtd. 4/8/2021 be quashed and set aside and he may be permitted to lead secondary evidence.