BHARAT BHUSHAN PARSOON, J. - (1.) ORDER dated 19.9.2013 (Annexure P -4) passed by Civil Judge (Junior Division), Mahendergarh vide which an application (Annexure P -2) seeking permission to lead secondary evidence moved by the petitionerplaintiff to prove an agreement to sell dated 31.5.2000 (for short, the agreement) was dismissed, is under challenge in this petition.
(2.) A suit regarding specific performance of the agreement is pending adjudication in the lower court. Claiming loss of original agreement, secondary evidence is sought to be led for proving the said document. It is claimed that the lower court wrongly dismissed the application without taking into consideration the basic ingredients, interalia, of Section 65 of the Indian Evidence Act, 1872 (for short, the Act) and also, the fact that entire evidence is not to be evaluated and considered at the stage when permission to lead secondary evidence sought by the petitionerplaintiff was being considered. It is also averred that validity and legality of the document sought to be produced by leading secondary evidence, is to be determined at the conclusion of the trial and not at this stage.
(3.) COUNSEL for the respondents, on the other hand, has urged that neither loss of agreement is proved on record nor the same is valid and genuine. Dismissal of the petition has been sought.;