DURGA SHANKAR BARETH Vs. SHAYAM LAL

JUDGEMENT

(1.) None appears for the respondents despite service.

(2.) This writ petition has been filed under Article 227 of the Constitution of India assailing the legality and validity of the order dtd. 6/3/2021 passed by learned Additional District Judge No.2, Kishangarh Bass, Alwar in Civil Suit No.34/34/2018 whereby, an application filed by the respondent No.1/plaintiff under Sec. 65, Evidence Act, 1872 (for brevity, "the Act of 1872") and Sec. 35, Stamp Act, 1899 (for brevity, "the Act of 1899") seeking to lead secondary evidence in respect of the photocopy of an unregistered and insufficiently stamped agreement to sell, has been allowed.

(3.) The facts in brief are that the respondent No.1/plaintiff filed a suit for specific performance of the agreement to sell dtd. 6/5/2022 and permanent injunction. During its pendency, he moved an application under Sec. 65 of the Act of 1872 and Sec. 35 of the Act of 1899 seeking permission of the Court to lead secondary evidence qua the sale agreement dtd. 6/5/2022. The application has been allowed by the learned trial Court vide its order dtd. 6/3/2021, the subject matter of challenge.