LAXMI NARAIN Vs. PARMANAND

JUDGEMENT

(1.) THIS revision under Section 115, C.P.C. is directed against the order of the learned Munsiff, Baran dated 29-3-1974, whereby he allowed the plaintiff to lead secondary evidence with respect to the notice dated 1-8-1969 and the document dated 7-7-1969.

(2.) BRIEF facts which are relevant for the disposal of this revision petition are that the plaintiff, Permanand, filed a suit against defendant Laxmi Narain for the recovery of a sum of Rs. 3,000/-, The contention of the plaintiff is that the defendant agreed to sell a house for a sum of Rs. 2,2701/- by means of a document dated 7-7-1969. A sum of Rs. 3,000/- is alleged to have been advanced by the plaintiff to the defendant as an earnest money. As the sale transaction has not gone through due to the default of the defendant the plaintiff claimed return of Rs, 3,000/- along with interest. The suit was presented before the learned trial Court on 5-11-1969, Along with the plaint the agreement dated 7-7-1969 was also produced. Issues were framed on 23-10-70, on which date admission and denial of documents also took place. There is an endorsement by the learned counsel for the defendant that the document dated 7-7-1969 has not been admitted by him. The plaintiff moved an application on 17-1-1972 that the original agreement filed by him is missing from the file of the Court, and that a forged document has been placed on the court file. He therefore, prayed that he may be given permission to lead secondary evidence of the agreement dated 7-7-1969. He also prayed that he may be permitted to lead secondary evidence with regard to the notice dated 1-8 1969. The defendant filed objections to this application on 8-2-1972, and contended that in the facts and circumstances of the case, no secondary evidence could be permitted to be led. The learned trial Court vide its order dated 29-3-1974, granted permission to lead secondary evidence to the plaintiff with regard to the notice dated 1-8-1969 and with regard to the agreement dated 7-7-1969. Feeling aggrieved by this order of the learned Munsiff, the defendant has filed the present revision petition.