BHEEM SEN Vs. VED SINGH AND ORS.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dt. 8.5.2015 passed by the trial Court, whereby the application filed by the plaintiff under Sec. 65 of the Evidence Act, 1872 ('the Act') has been accepted and the plaintiff has been permitted to lead secondary evidence qua agreement to sale. It is submitted by learned counsel for the petitioner that the plaintiff did not comply with the requirements of Sec. 65 of the Act and the trial Court was not justified in allowing the application without insisting on requirements as contained in Sec. 65 of the Act.

(2.) I have considered the submissions made by learned counsel for the petitioner and have perused the material placed on record.

(3.) From the averments made in the written statement, it is apparent that the execution of the agreement to sale has not been denied by the petitioner -defendant. The defence in the written statement pertains to non -compliance of material conditions of the agreement by the plaintiff.