- (1.) This writ petition is directed against the order dtd. 20.8.2007 whereby the learned trial Court allowed the application of the plaintiff under Section 65 of the Evidence Act for admissibility of the agreement of mortgage under Section 65 of the Evidence Act as secondary evidence.
(2.) The learned Counsel for the petitioner-defendant Mr. Pankaj Sharma relying upon the decision of this Court in the case of Shankar Lal v. State of Rajasthan, 2006 3 WLC(Raj) 421submitted that since primary evidence, namely, mortgage-deed itself was neither registered nor stamped, therefore, the photo-stat copy of the same could not be admitted as secondary evidence under Section 65 of the Act.
(3.) On the other hand, Mr. Usman Ghani, learned Counsel for the respondent relying upon the Full Bench decision of this Court in the case of Lachhmi Narain and Anr. v. Kalyan and Anr., 1960 AIR(Raj) 1 submitted that said unregistered document can be availed of for the purpose of showing character and nature of possession of the plaintiff and therefore, the learned trial Court was justified in admitting such document as secondary evidence.;