MAHENDAR KUMAR GOYAL,J. - (1.) This writ petition is filed against the order dated 19.02.2020 passed by the learned Civil Judge (South), Kota, whereby, the application filed by the petitioner-plaintiff under Section 65 of the Indian Evidence Act, 1872 (for brevity, "the Act of 1872"), has been dismissed.
(2.) Assailing the order, learned counsel for the petitioner contended that the learned trial Court did not appreciate that the respondent did not file on record the original documents in spite of direction of the learned trial Court vide order dated 12.05.2017 on his application filed under Order 11 Rules 12 and 14 CPC and hence, he was left with no option to seek permission of the Court to lead secondary evidence with regard to the document in question. He, therefore, prayed that the impugned order be quashed and his application filed under Section 65 of the Act of 1872 be allowed.
(3.) Heard learned counsel for the petitioner and perused the record.;