SAWAL CHAND Vs. PYARI DEVI

JUDGEMENT

(1.) THIS is a defendant's revision, filed against the order of the learned District Judge, Jalore, dated July 12, 1978, by which he granted permission to the plaintiffs to lead secondary evidence in respect of a rent note dated Asoj Sudi 11, Samvat 2031.

(2.) THE plaintiffs submitted an application under Section 66 of the Evidence Act (for short 'the Act') stating that the original rent note dated Asoj Sudi 11 Samvat 2031 (26 -10 -74) is in possession of the defendants, and in the written statement, they have denied that it is in their possesion. As the original rent note was said to be in the possession of the defendants, it was prated that the plaintiffs may be permitted to lead secondary evidence in respect of it. This application was moved on December 13, 1977. The defer cant 8 contested it by filing a re ply to it on January 20, 1978.

(3.) THE learned Civil Judge, by his order dated July 12, 1978, accepted the plaintiff's applications and accorded permission to the plaintiffs to lead secondary evidence regarding the rent note dated Asoj Sudi 11, Samvat 2031, as the case was covered by Section 65(a) of the Act.