Judgment

M.Y. Eqbal, J.

Leave granted.

2. This appeal by special leave is directed against order dated 2.9.2014 passed by learned Single Judge of the High Court of Himachal Pradesh who set aside the order rendered by the trial court permitting the defendant-appellant to lead secondary evidence in the Civil Suit filed by respondent no.1.

3. The short question that arises for consideration by this Court is as to whether the High Court is justified in reversing the order passed by the Trial Court allowing the defendant-appellant to lead secondary evidence of the contents of the documents.

4. The facts of the case lie in a narrow compass.

5. The respondents-plaintiffs have filed a suit under Sections 34 and 38 of the Specific Relief Act, 1963 for declaration that the appellant-defendant has no right, title or interest over the suit property in any manner and plaintiffs are in possession of the same. Consequently, defendant be restrained from causing any type of loss, injury and doing any such act which may in any manner, cause prejudice to the user, possession and title of the plaintiff qua the suit property.

6. The subject matter of the suit is part of the land defined as Survey No. 41, Kasa