Dilbagh Singh v. Davinder Kumar & Others

CR 145/2015

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:09.01.2015 Dilbagh Singh .............Petitioner v.

Davinder Kumar and others .............Respondents CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Sarabjit Singh Sidhu,Advocate for the petitioner Jaswant Singh,J.(Oral) Defendant no.2 is in revision assailing the order dated 2.12.2014(P-1) passed by Additional Civil Judge (Senior Division) Fazilka whereby application of the plaintiff for leading secondary evidence qua documents/vouchers has been permitted. Having heard learned counsel this Court finds no ground to interfere with the impugned order in exercise of revisional jurisdiction of this Court.

Respondent/plaintiff, who is a Commission Agent, has filed a suit for recovery of Rs.19,11,456/- on the basis of entries in the accounts books and transfer vouchers. Concededly the said documents were shown at the initial stage of the suit. Subsequently, an application was moved that certain documents have been lost and therefore, permission has been granted to lead secondary evidence. Said evidence to be led, no doubt, is subject to proof of execution, existence, loss and admissibility of evidence in accordance with law. In view of the above,finding no merit in this revision petition the same is hereby dismissed.

09.01.2015 (Jaswant Singh) joshi Judge RAJINDER PRASHAD JOSHI 2015.01.09 15:44 I attest to the accuracy and authenticity of this document High Court, Chandigarh.