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2009 Supreme(Raj) 2488

NARENDRA KUMAR JAIN
Sheetal Prasad – Appellant
Versus
Addl. District Judge No. 1, Ajmer – Respondent


Advocates:
For the Petitioner:J.P. Goyal, Advocate.
For the Respondents despite Service of Notice: None.

JUDGMENT

1. - Heard learned counsel for the petitioner.

2. The plaintiff has preferred this writ petition under Article 227 of the Constitution challenging the impugned order dated 22nd April, 2004 passed by Additional District & Sessions Judge No.1, Ajmer in Civil Suit No.139/1997 rejecting his application dated 12th March, 2004 under Section 65 of the Evidence Act to allow him to produce secondary evidence in respect of 23+1=24 documents, the details of which were mentioned in the application.

3. The plaintiff filed a suit for declaration in the trial court against the defendant-respondent No.2 to declare that his father Mohan Lai was adopted son of Prabhu Lal, therefore, he is entitled to inherit the property left by Prabhu Lal During the pendency of the suit, an application under Section 65 of the Evidence Act was filed by the petitioner, which was contested by defendant by filing written reply. The learned trial court vide its order dated 22nd April, 2004 rejected the said application. Being aggrieved with the same, the plaintiff has preferred this writ petition.

4. The submission of the learned counsel for the petitioner is that the documents filed with the application are certi





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