Shree Chandrashekhar, J. - (1.) The petitioner is tenant under the respondents.
(2.) Eviction Suit No. 07 of 1999 was instituted for ejection of the petitioner from the suit schedule premises on the ground of default in payment of rent. During pendency of the suit the petitioner came to this Court in W.P.(C) No. 3903 of 2008 complaining harassment by his landlord who allegedly caused damage to the first floor due to which water was seeping to the ground floor, which was under tenancy of the petitioner. The writ petition stood allowed by an order dated 20.04.2011 with a direction to the defendant to examine his witnesses within one month and the trial Judge was directed to dispose of the eviction suit on or before 29.07.2011. The petitioner thereafter filed an application on 18.06.2011 for leading secondary evidence. Evidently, he has not complied this Court's order for examining his witnesses within one month. The respondentlandlord has alleged that the petitioner filed frivolous applications only to delay the disposal of the suit.
(3.) The learned counsel for the petitioner submits that once the Postmaster, Ramgarh has stated that the original receipts have been destroyed, the defendant who is in possession of the photocopies of the same must be permitted to lead secondary evidence.;