PRAKASH TATIA, J.

( 1 ) HEARD learned counsel for the parties. By impugned order dated 27th Jan. 1999 the application under Section 65 of the Indian Evidence Act filed by the defendant was dismissed by the trial Court on the ground that defendant is seeking permission to produce secondary evidence with respect to an application alleged to have been submitted the Rajasthan State Electricity Board. This application was dismissed by the trial Court on the ground that on earlier occasion the trial Court summoned the record of the RSEB, Bhilwara and found that in that file the alleged application is not available. Therefore, the learned trial Court held that when there is no original application available in the record then the defendant could not have photostat copy of the original and it makes the documents suspicious.

( 2 ) LEARNED counsel for the petitioner submitted that the trial Court committed illegality in rejecting the application under Section 65 of the Indian Evidence Act. If the original is not available in the file of the RSEB, for this reason the defendant-petitioner cannot be deprived to produce the secondary evidence because of the fact that secondary evidence