L.N.MITTAL,J. - (1.) ALLOWED as prayed for. Main Case :
(2.) BY filing this revision petition under Article 227 of the Constitution of India, defendant no.1 Chander Bhan Jindal has assailed order dated 23.12.2011, passed by learned Civil Judge (Senior Division), Hisar, thereby dismissing application of defendant no.1-petitioner for permission to lead secondary evidence of cancellation agreement dated 2005. 3. Siri Ram-plaintiff (since deceased and represented by his widow-respondent no.1 Krishna Devi as his legal representative) has filed suit for possession of the suit land by specific performance of the agreement to sell dated 24.05.2005. Defendant no.1 has alleged that the said agreement was cancelled vide cancellation agreement dated 03.2005. In application for secondary evidence, defendant no.1 pleaded that the cancellation agreement has been lost and is not traceable despite all efforts. Accordingly, prayer for secondary evidence of the cancellation agreement was made.
(3.) THE application was opposed by the plaintiff. Execution of the alleged cancellation agreement was denied. Learned trial court, vide impugned order dated 23.12.2011, dismissed the application of defendant no.1 for secondary evidence of the cancellation agreement. Feeling aggrieved, defendant no.1 has filed this revision petition.;