- (1.) The instant appeal is directed against the order dated March 30, 2007 rendered by the learned Single Judge in S. B. Civil Writ Petition No. 3135/2005 by which prayer made by the appellant to set aside the order dated April 5, 2005 passed by the learned Additional District and Sessions Judge (Fast Track) No. 2, Jaipur District Jaipur in Civil Suit No. 28/2004 refusing to receive secondary evidence of agreement to sell dated April 20, 2001, is upheld.
(2.) The appellant has filed Civil Suit No. 28/2004 in the Court of learned Additional District and Sessions Judge (Fast Track) No. 2, Jaipur District, Jaipur for Specific Performance of Agreement to Sell dated April 20, 2001. The case of the appellant is that the husband of the appellant who was carrying the original document dated April 20, 2001 died in a road accident on May 8, 2004 and, therefore, the original document dated April 20, 2001 was lost. Under the circumstances, the appellant filed photostat copy of the document dated April 20, 2001 and requested the Court to permit her to lead the secondary evidence with regard to the agreement to sell dated April 20, 2001.
(3.) The learned Judge noticed that not only the original document was unregistered but it was also unstamped. Under the circumstances, the learned Judge of the trial Court vide order dated April 5, 2005 refused to take on record the secondary evidence of agreement to sell dated April 20, 2001. Feeling aggrieved, the appellant invoked extraordinary jurisdiction of this Court under Art. 226 of the Constitution of India by filing S.B. Civil Writ Petition No. 3135/2005. The learned Single Judge has dismissed the petition vide order dated March 30, 2007 giving rise to the instant appeal.;