RAJIV SAHAI ENDLAW, J.

1. This petition under Article 227 of Constitution of India is preferred with respect to the order dated 8th July, 2005 dismissing the application, of the petitioner/plaintiff before the Trial Court, under Section 65 of the Indian Evidence Act for permission to lead secondary evidence with respect to a Will and a demarcation report by the Revenue Authorities of which certified copy is stated to have been filed. The Trial Court has dismissed the application for the reason that the petitioner had stated that the originals are not traceable; it was held that for Section 65 to be invoked, document has to be lost.

2. A practice appears to have developed in the Trial Courts of moving an application under Section 65 of the Evidence Act seeking permission of the courts to adduce secondary evidence. There does not appear to be any sanction therefor in law. Neither the Evidence Act nor the CPC nor any other rules & regulations or statute requires the filing of such an application.

3. Section 61 of the Evidence Act provides for proof of documents either by primary or by secondary evidence. Section 64 provides that documents must be proved by primary evidence, ex