DUSHYANT SHARMA Vs. MOOLCHAND DEENANATH

JUDGEMENT

(1.) THE petitioner defendant (hereinafter 'the defendant') challenges the order dated 22-5-2012 passed by the Additional District Judge No.2, Bharatpur, whereby an application under Section 65 of the Indian Evidence Act, 1872 filed by the respondent plaintiff (hereinafter 'the plaintiff') in respect of photo copies of bill and transport receipt has been allowed.

(2.) THE facts of the case are that the plaintiff filed a suit for recovery of Rs.2,82,744.00 in respect of goods stated to have been supplied to a firm Radha Krishna Enterprises also impleading the defendant herein as co-defendant as the firm proprietor/ partner. It was stated that the defendant firm had purchased electronic equipments from the plaintiff on credit in pursuance of business relationship between the parties. It was stated that as of 24-10-2006, there was an outstanding amount against the defendant firm which not only remained unpaid in spite of repeated demands but also that the co-defendant had even denied being partners of the firm Radha Krishna Enterprises. In pursuance to summons on the suit laid, the defendants filed written statement and denied the averments in the plaint and stated that neither of them had any relationship with the firm Radha Krishna Enterprises either as proprietor or Partner. It was further submitted that no goods electronic equipments or otherwise had been purchased by them from the plaintiff. In the aforesaid facts it was prayed that the suit laid by plaintiff be dismissed. Issues were then framed. At the stage of recording of evidence the plaintiff moved an application under Section 65 of the Evidence Act with the prayer that photo stat copies of bills and transport receipt in respect of plaintiff's goods supplied to the defendants be allowed to be filed in secondary evidence and be marked as exhibits as in spite of notice under Section 66 of the Evidence Act the defendants had not produced the documents in their possession. The defendants opposed the said application.

(3.) HEARD learned counsel for the petitioner, and perused the material available on record of writ petition.