1. This Civil revision application is directed against the order dated 25.11.2000 passed by the 1st Munsif, Buxar, rejecting the prayer of the defendants/petitioner to mark photostat copy of sale deed of the year 1890 as an exhibit.

2. The materials on record show that the petitioners examined two witnesses to prove the said document who have stated that photo copy of the said document was made in their presence. The evidence of witnesses fulfils the requirement as provided under Section 63(2) of the Indian Evidence Act for taking secondary evidence. It provides that the copies made from the original by mechanical processes which in themselves insure the accuracy of the copy and copies compared with such copies are to be taken as secondary evidence. The defendants/ petitioners have stated before the court below that the original sale deed has been lost and accordingly, the said documents be admitted as secondary evidence. The court below rejected the said prayer on the ground that there was no evidence on record to mark the documents as exhibit.

3. In my view, the Court below has committed jurisdictional error in coming to the aforesaid conclusion ignoring the evidence havi