Shree Chandrashekhar, J. - (1.) The petitioners, who are defendants in Title Suit No. 462 of 2010, are aggrieved of order dated 12.08.2016 by which their objection to marking the sale-deed dated 16.04.1985 as an exhibit in the suit has been rejected.
(2.) Mr. Mahesh Tewari, the learned counsel for the petitioners submits that the plaintiff who was directed to produce the original copy of the sale-deed dated 16.04.1985, without seeking modification/recall of the said order, cannot be permitted to produce a certified copy of the sale-deed as secondary evidence.
(3.) Title Suit No. 462 of 2010 has been instituted for a decree for declaration of the plaintiff's right, title and interest over the suit schedule property and confirmation of his possession over the suit land. The plaintiff has laid a claim over the suit land by virtue of the sale-deed dated 16.04.1985. The defendants have filed their written statement raising various objections to the maintainability of the suit and they have also raised a counter-claim. During the interrogatories, on application of the defendants vide order dated 14.03.2012 a direction was issued to the plaintiff to produce the original copy of the sale-deed dated 16.04.1985. The petitioners have taken a stand that they filed another application on 13.02.2013 seeking a direction upon the plaintiff to produce the original copy of sale-deed dated 16.04.1985. In his rejoinder affidavit, the plaintiff has asserted that the original copy of the sale-deed was not in his possession rather it was with his elder brother. During examination of the plaintiff, however, a certified copy of the sale-deed dated 16.04.1985 was tendered in the court and it has been marked as an Exhibit with objection. In the aforesaid facts, the petitioners have filed an application on 13.04.2016 seeking expunction of certified copy of the sale-deed dated 16.04.1985 from the record.;