High Court Punjab-Haryana High Court

Satish Kumar vs Ramesh Chand on 1 September, 2009

Punjab-Haryana High Court
Satish Kumar vs Ramesh Chand on 1 September, 2009
C.R. No. 4950 of 2008                                                      [1]




        IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                                CHANDIGARH.

                                 C.R. No. 4950 of 2009

                                 Date of Decision: September 1, 2009



Satish Kumar

                                       .....Petitioner

             Vs.

Ramesh Chand

                                       .....Respondent


CORAM:       HON'BLE MR. JUSTICE M.M.S. BEDI.

                          -.-

Present:-    Mr. R.S. Budhwar, Advocate
             for the petitioner.

                   -.-



M.M.S. BEDI, J. (ORAL)

Vide impugned order, an application under Section 65 of the

Indian Evidence Act filed by the plaintiff- respondent has been allowed to

enable the plaintiff- respondent to prove the agreement of sale dated July

15, 2004.

Counsel for the petitioner contends that a false story regarding

the existence and loss of the agreement of sale has been concocted by the

plaintiff- respondent and that the trial Court has acted illegally in permitting
C.R. No. 4950 of 2008 [2]

the plaintiff- respondent to lead secondary evidence. The present revision

petition seems to have been filed with misconception. Vide impugned

order, a presumption has been attached regarding the existence, execution,

loss or contents of the agreement of sale. It is made clear that the impugned

order will not, in any manner, tentamount to arrive at a presumption that

existence, loss, execution, contents and admissibility of the alleged

document has been admitted. Despite the impugned order, the onus will lie

upon the respondent to establish that the said agreement of sale was actually

executed or that it was lost, as alleged. He will have to establish its

execution, contents and will have to establish its admissibility.

Dismissed.

September 1, 2009                                         (M.M.S.BEDI)
 sanjay                                                 JUDGE