( 1 ) THIS revision petition under Section 115 of the Code of Civil Procedure has arisen out of the order dated 18th January, 1978 passed by Mrs. Aruna Suresh, Sub-Judge 1st Class Delhi declining an application of the petitioners under Section 65 of the Indian Evidence Act, 1872 for permission to lead secondary evidence.

( 2 ) THE petitioners herein and respondents 2 to 6 herein filed a suit against Shri Abdul Wahid, respondent No. 1 herein for the recovery of possession of plot of land on the ground that they are the owner s/landlords of the property. The petitioners herein claimed as the heirs of Haji Mohd. Ahmed and respondents 2 to 6 claimed to be the heirs of Mohd. Isaq. It was alleged that the property in dispute was purchased in the name of Haji Mohd. Ahmed and Mohd. Isaq on 8th November, 1943. During the pendency of the suit, a question arose about the ownership of the property in dispute though the contention of respondents 2 to 6 was that the issue of ownership was not required as the plaintiffs being landlords could file the suit for possession for the vacant land. However, the petitioners herein moved an application under Section 65 of the Indian Evidence Ac