W.P. No. 8080/2010 12.7.2010
Shri Pushpendra Yadva, counsel for the petitioners.
This petition is directed against an order dated 4.3.2010by
the Ist Additional Civil Judge, Class I, Rewa in Civil Suit No.57-
A/2009 by which the trial Court allowed an application filed by the
Defendant No.1 under Section 65 of the Evidence Act and
permitted the defendants to produce secondary evidence of the
agreement which is a registered document.
Learned counsel for the petitioner submitted that the trial
Court erred in allowing the application without recording a finding
that the original document was lost. It was further submitted that
an affidavit in support of this application ought to have been filed
before the trial Court.
From the perusal of the impugned order, we find that such
an application was allowed by the trial Court on payment of cost
and the cost was paid to the petitioner and it was received by the
petitioner which endorsement finds place on page 20 of the paper
book. As the cost has been received by the petitioner which was
imposed by the impugned order, no interference is required in the
impugned order. This petition is accordingly dismissed on the
aforesaid grounds with no order as to costs.
(Krishn Kumar Lahoti) (J.K. Maheshwari)
JUDGE JUDGE
vj.