- (1.) The petitioner-defendant has, by way of this writ petition, assailed the order dated 08.02.2020 passed by the learned trial Court, whereby, its application under Section 65 of the Indian Evidence Act, 1872 (hereinafter referred as the "Act") has been dismissed.
(2.) Assailing the order, it is contended by learned counsel for the petitioner that photo copy of the agreements in question dated 05.04.2007 and 05.01.1996 were already on record. She contended that original of these agreements were lost for which the petitioner has also lodged a complaint with police Station Kho- Nagauriyan and also got published a public notice in this regard in the Dainik Newspaper. In these circumstances, learned trial Court has erred in rejecting her application.
(3.) Learned counsel for the petitioner placed reliance upon the judgment of the Hon'ble Apex Court of India in Rakesh Mohindra Versus Anita Beri and Others reported in 2016 (1) WLC (SC) Civil 57, and a co-ordinate Bench judgment of this Court dated 27.11.2017 in S.B. Civil Misc. Writ petition No.15354/2017, Devi Lal and Ors. Versus Ram Lal.;