JUDGMENT :

Tushar Rao Gedela, J.

[The proceeding has been conducted through Hybrid mode]

CM APPL. 13382/2023 (Exemption)

1. Exemption is allowed, subject to all just exceptions.

2. Application stands disposed of.

CM(M) 450/2023 & CM APPL. 13383/2023

3. The petitioner challenges the order dated 22.12.2022 in CS 82547/2016 titled “Sh. Rameshwar Jaiswal Vs. M/s. Tojo Vikas International & Anr.” whereby the application under Section 65 of the Indian Evidence Act, 1872 seeking permission to lead secondary evidence of the Property Development Agreement dated 08.05.2010, was disallowed.

4. Learned counsel appearing for the petitioners/plaintiffs submit that the petitioners for abundant precaution sought permission of the learned Trial Court to lead secondary evidence on a photocopy of the aforesaid agreement since one of the core issues regarding the suit arises therefrom.

5. Learned counsel appearing for the petitioners/plaintiffs submits that even before the permission to lead secondary evidence was considered by the learned Trial Court, vide the impugned order, the learned Trial Court had already concluded that, had the original purportedly un-stamped document been produced before the Court, it