ORDER :

1. The petitioner/plaintiff has filed the present writ petition under Article 227 of the Constitution of India assailing the order dated 9-9-2019 (Annexure P/1) passed in Civil Suit No 91-A/2016 by the 4th Additional District Judge, Bilaspur, District Bilaspur by which the application under Section 65 of the Indian Evidence Act, 1872 (for short, “the Act, 1872”) filed by the petitioner/plaintiff to examine the photo copy of the agreement dated 17-5-1991 as secondary evidence has been rejected.

2. The brief facts as reflected from the record are that the petitioner/plaintiff had filed a civil suit for declaration, title and grant of permanent injunction relating to the property situated at village Bodri, Patwari Halka No.1, Tahsil Belha, District Bilaspur bearing Khasra No. 279 and 280 and Khasra No 15 total area 4.26 acres of land. It has been contended that the plaintiff along with defendants No.1 and 2 had agreed to purchase the land bearing Khasra No. 279/3 and 280/3 area 3.81 acres situated at village Bodri, Patwari Halka No.1, Tahsil Belha, District Bilaspur, but the defendant No.1 was not having sufficient money to meet the expenses of registry, therefore, the defendant