KISHORE KUMAR Vs. CHANDA AND ORS.

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 05.08.2013 passed by the trial court, whereby the application filed by the petitioner under Section 65 of the Evidence Act, 1872 ('the Act') has been rejected.

(2.) THE petitioner -plaintiff filed a suit for recovery of Rs. 15,800/ -. It was, inter alia, claimed in the suit that a sum of Rs. 15,000/ - was lent by the plaintiff to one Gopal Das on 27.09.2005 and for securing the payment, Gopal Das gave a Cheque of Rs. 15,000/ - and the date of payment was 27.10.2005; Gopal Das died on 29.09.2005; the cheque was produced before the Bank on 05.11.2005 when the same was dishonoured on account of insufficient funds, which was returned by the Bank with memo; the defendants, who are legal representatives of the deceased Gopal Das were reminded several times for payment of the said amount, however, the same was not paid. Ultimately, the suit was filed seeking recovery of the said amount. Alongwith the suit, the plaintiff filed photocopy of the cheque.

(3.) DURING pendency of the suit an application was filed by the plaintiff under Section 65 of the Act. It was, inter alia, indicating that alongwith the suit photocopy of the cheque and memo sent by the Bank indicating the dishonour of the cheque was filed; the original cheque and memo was delivered to the counsel for producing before the court, which has been misplaced by the counsel and are lost; the photocopy of the cheque and bank memo are of the original cheque and original memo, which are like the original and, therefore, permission to lead secondary evidence qua the said documents be granted. Alongwith the application, affidavits of the plaintiff and that of the counsel were filed.