ARUN KUMAR Vs. SPECIAL JUDGE, NDPS

JUDGEMENT

(1.) The petitioners have preferred this writ petition under Article 226 & 227 of the Constitution of India, claiming the following reliefs:

(2.) Precisely the facts of the case are that the respondent No.2 and 3 filed a suit for specific performance for an agreement dated 25.03.2006 regarding the agricultural land measuring 11 bighas and 17 biswas in Murabba No.54 in Village 2 C Chhoti, Tehsil and District Sriganganagar. The father of the petitioners was said to be the sole owner of the disputed land. The petitioners have preferred this petition challenging the impugned order whereby, the application filed under Order 11 Rule 12 & 14 CPC for production of agreement dated 09.10.2006 from the possession of the petitioners which was dismissed by the learned court below but the respondents were permitted to file a photostat copy of the sale agreement dated 09.10.2006 under Section 65 of the Indian Evidence Act, 1972 (hereinafter referred to as the Act of 1972) .

(3.) Learned counsel for the petitioner has shown from the record that a notice was given by the respondents on 10.10.2006 and therefore, as per the petitioner, if there was such an agreement then agreement dated 09.10.2006 should have found mention in the notice dated 10.10.2006.