Smt. Ekta and others vs Ch. Ranjit Singh

L.N. Mittal, J.

CM No. 8229-CII of 2012

Allowed as prayed for. Main Case

Defendants Smt. Ekta etc. have filed this revision petition under Article 227 of the Constitution of India to assail order dated 28.01.2012 Annexure P-2 passed by learned Civil Judge (Junior Division), Sonepat thereby allowing application Annexure P-1 filed by respondent-plaintiff Ranjit Singh for secondary evidence of Khatoni, Filed Book and Aksh Shizra prepared by Local Commissioner in earlier suit for partition of abadi deh.

Plaintiff alleged that file containing the aforesaid documents is not traceable in record room of Deputy Commissioner, Sonepat.

I have heard learned counsel for the petitioners and perused the case file.

Learned counsel for the petitioners vehemently contended that photostat copies of the aforesaid documents cannot be admitted in secondary evidence. The contention cannot be accepted at this stage. It is for the plaintiff-respondent to prove the documents in question by appropriate secondary evidence. When the said secondary evidence is produced before the trial Court, it would be for the trial Court to decide whether the same can be admitted as secondary evidence or not. No such question has been adjudicated upon by the trial Court in the impugned order. On the contrary, original file containing the aforesaid documents is not traceable in the record room. The plaintiff had applied for certified copies of the documents and it was reported that the said file is not traceable. Consequently, plaintiff-respondent is entitled to lead secondary evidence of the aforesaid documents in accordance with law. For the reasons aforesaid, I find no infirmity, much less perversity, illegality or jurisdictional error in the impugned order of the lower Court so as to call for interference at the hands of this Court in exercise of power of superintendence under Article 227 of the Constitution of India. The revision petition is bereft of merit and is, therefore, dismissed in limine.