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1991 Supreme(Raj) 727

M.C.JAIN
Jagdish Singh and Co. and another – Appellant
Versus
Ranjeet Singh – Respondent


Advocates:
For the Petitioners:Dinesh Maheshwari, Advocate.
For the Non-Petitioner:G.R. Shinghvi, Advocate.

JUDGMENT

1. - This revision petition has been filed against the order of the Addl. District Judge No. 2, Jodhpur dated November 14, 1990, holding that the Photostat copies of the unstamped original receipts cannot be permitted to be read as their secondary evidence even on payment of required penalty under Section 35, Indian Stamp Act, (hereinafter to be called 'the Act'). File facts of the case giving rise to this revision petition may be summarised thus.

2. The plaintiff-non-petitioner has filed a suit for the recovery of certain amount against the defendant-petitioners. In their written statement, the defendants have averred that payments of total amount of Rs. 29,046.70 ps. have been made on different dates to the plaintiff and the latter has issued eight receipts whose Photostat copies have been filed alongwith it. An application under Section 65, Evidence Act was moved by the defendant-petitioners stating that the plaintiff requested them for giving the original receipts to enable him to make necessary entries in his account-books, they accordingly gave them keeping their Photostat copies, subsequently he did not return them and the same have not been produced in the court by
















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