M.L.SINGHAL, J. - (1.) DR . S.S. Zombade filed suit for the recovery of Rs. 43,600/- against M/s Vardan Feed Mills, Bhaiwala Chowk, Ludhiana through its partner Sh. Brij Mohan Kaura.
(2.) M /s Vardan Feed Mills contested the suit and also filed counter claim. M/s Vardan Feed Mills filed an application under section 65 of the Indian Evidence Act for permission to lead secondary evidence of the following letters :- "(1) Letter No. 1 - VFM/BM/Confidential dated 3.11.1986 addressed to Dr. S.S. Zombade with a copy of Professor-cum-Head, Department of Animal Sciences, P.A.U. Ludhiana received in the Department of Animal Sciences vide diary No. 13390 on 6.11.1986. (2) Letter No. VFM/BM/Confidential dated 26.12.1986 addressed to Professor- cum-Head Department of Animal Sciences, P.A.U. Ludhiana received in the Department of Animal Sciences vide Diary No. 5185 dated 26.12.1986. (3) Letter No. VFM/BM/Confidential dated 10.3.88 addressed to Dr. S.S. Zombade with a copy to Professor-cum-Head, Department of Animal Sciences, P.A.U. Ludhiana received in the Department of Animal Sciences, vide Diary No. 2562 dated 11.3.1988. (4) Letter No. VFM/BM/Confidential dated 6.5.88 addressed to Dr. S.S. Zombade with a copy to Professor-cum-Head, Department of Animal Sciences, P.A.U. Ludhiana received in the Department of Animal Sciences, vide Diary No. 6135 dated 10.5.1988." Defendants' application for leading secondary evidence of the aforesaid letters was dismissed by Additional Civil Judge (Senior Division), Ludhiana vide order dated 6.2.1999.
(3.) IT is this order dated 6.2.1999, which has been called in question through this revision by the defendant M/s. Vardan Feed Mills.;