T.P.S. Mann, J. - (1.) TWO of the four defendants have filed the present revision under Article 227 of the Constitution of India for challenging the order dated 28.8.2012 passed by Civil Judge (Jr. Division), Jalandhar whereby the application filed by the plaintiffs seeking permission to prove the sale deeds bearing Nos. 11471, 10950 and 9871 dated 30.3.1992, 11.3.1992 and 7.2.1992, respectively, by way of secondary evidence, was allowed. The plaintiffs had sought permission to prove the aforementioned sale deeds by way of secondary evidence, as according to them, the original sale deeds were not traceable, having been misplaced by them and despite best efforts, they were not able to trace them out. Further, the certified copies of the sale deeds were available and could be proved by way of secondary evidence.
(2.) A perusal of the impugned order makes it apparent that the plaintiffs sought a decree for permanent injunction so as to restrain the defendants from taking possession of the suit property forcibly, illegally or by demolishing the boundary wall and the construction raised by the plaintiffs. In support of their stand that they are co -owners and in possession of the suit property, they have placed reliance upon jamabandi for the year 2000 -01. In order to prove their title over the suit property, they intend to prove the aforementioned sale deeds and as the original sale deeds are not traceable, they be allowed to place on record their certified copies by way of secondary evidence. The defendants have not disputed the existence of the aforementioned sale deeds while filing their reply. The stand taken by them in respect of those sale deeds is that they had been handed over by the plaintiffs to a Cooperative House Building Society while selling the suit property to the said society. Once the plaintiffs have proved, prima facie, the existence of the sale deeds and pleaded their untraceability, they are justified in seeking permission of the Court to prove the same by way of secondary evidence by producing their certified copies. Resultantly, the revision is without any merit and, accordingly, dismissed.;