RAMNARAYAN Vs. ASHOK KUMAR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against order dated 09.10.2014 passed by the trial court, whereby the application filed by the petitioner under Section 65 and 66 of the Evidence Act, 1872 ('the Act') has been rejected by the trial court, inter alia, on the ground that the document sought to be produced was not admissible in evidence.

(2.) The respondent-plaintiff filed a suit under Section 6 of the Specific Relief Act, 1963. The petitioner filed response and during the course of the proceedings sought summoning of the record of Criminal Case No.68/2007 from the Court of Judicial Magistrate, Mandalgarh as it was claimed that an original sale deed in favour of the petitioner was part of the said record.

(3.) The application was allowed by the trial court. However, it was reported by the said court of Judicial Magistrate that the record has been weeded out. Thereafter the petitioner filed the present application under Section 65 and 66 of the Act seeking permission to produce a copy of the document as secondary evidence.