DEVI LAL Vs. RAM LAL

JUDGEMENT

(1.) The petitioners have approached this Court invoking its extraordinary supervisory jurisdiction under Article 227 of the Constitution of India laying challenge to the order dated 12.10.2017 passed by learned District Judge, Pratapgarh (hereinafter referred to as the 'Trial Court') whereby the application dated 28.04.2016 preferred by the plaintiffs under Section 65 of the Evidence Act came to be allowed.

(2.) Shorn of unnecessary details, the facts giving rise to the present case are that the respondent ' plaintiff had filed a suit for specific performance of two agreements dated 29.09.2009 and 30.03.2012.

(3.) During the course of the trial, the plaintiffs filed an application under Section 65 of the Evidence Act, seeking leave to adduce secondary evidence in relation to aforementioned two documents, contending that these documents in original were filed along with the plaint but however have been lost.