GOPAL LAL Vs. NATHU RAM

JUDGEMENT

(1.) This petition is directed against order dated 12.2.16 passed by the Civil Judge, Nawa, in Civil Original Case No.19/13, whereby an application preferred by the petitioner under Sec. 65 of the Evidence Act, 1872 (for short ''the Act '') for taking the photostat copy of agreement to sell on record, as secondary evidence, stands rejected.

(2.) Learned counsel appearing for the petitioner contended that as per provisions of Sec. 63, the photo copy of a document, which is made from the original by mechanical process, falls within the definition of secondary evidence and the same is admissible in evidence by virtue of provisions of Sec. 65(c) of the Act. Learned counsel submitted that the petitioner has come with the specific case that the original agreement to sell has lost and thus, the Court below has erred in observing that the petitioner has not stated that the photo copy sought to be produced is prepared by original. Learned counsel submitted that the order impugned passed by the Court below without appreciating the provisions of law in correct perspective, deserves to be set aside and the application preferred by the petitioner, seeking leave to produce secondary evidence, deserves to be allowed, as prayed for.

(3.) I have considered the submissions of the learned counsel and perused the material on record.