Madan Swaroop vs Nand Lal Through Power Attorney Shri Prem Sagar and Others

Dev Darshan Sud, J

The petitioner herein who was the defendant before the learned trial Court has challenged the order passed by the learned District Judge, Sirmour at Nahan. It is undisputed before me that the suit, out of which the present proceedings have arisen, was originally instituted in this Court and on increase of the pecuniary jurisdiction of this Court, the case was sent for trial before the learned District Judge, Sirmour. The bone of contention between the parties is that an application has been moved u/s 65 of the Indian Evidence Act seeking permission for leading secondary evidence with respect to the two sale deeds Ext.PW2/A and Ext.PW2/B, which are certified copies of the sale deeds executed by Atma Ram in favour of Shri Naranjan Singh, and second by Naranjan Singh in favour of Col. Hira Singh Balm which form the basis/foundation of the case of the parties before the learned trial Court.

It is also undisputed before me that these sale deeds are from the official records of Sub Registrar duly maintained in his office. It is not disputed that Dharam Singh was summoned as PW2 by the Court on 23.1.2008 and these two sale deeds were exhibited and proved without their being any objection. If that be so, there was no necessity for moving the application u/s 65 of the Evidence Act for the reason that the petitioner herein had not objected to the mode of proof in the manner by placing them on the record as exhibits and not insisting on the original. I do not wish to add anything more. The application has been filed by the plaintiffs by way of abundant caution, which prayer has been allowed. The objection taken by the defendant is that the pleadings in the application itself are bereft of the foundation on facts which is required to invoke the jurisdiction of the Court. Having gone through the order of the learned District Judge I do not find any merit in this petition, which is accordingly rejected. Let record of the trial Court be sent back forthwith. Parties are directed to appear before the learned trial Court on 29th June, 2012. Since the suit pertains to the year 2003, the learned District Judge shall endeavour to dispose of the case as expeditiously as possible and on the priority basis. All pending miscellaneous application shall be taken for decision by the learned District Judge in accordance with law.