1. By way of the instant writ petition filed under Article 227 of the Constitution of India, the petitioners have challenged the order dated 26.08.2016 passed by the learned Senior Civil Judge, Srikaranpur, District Sriganganagar, whereby application dated 16.05.2015 filed by the petitioners-plaintiffs under Section 65 of the Evidence Act, seeking permission to lead secondary evidence in respect of an agreement to sell dated 26.12.1991, has been rejected.

2. The facts giving rise to the present writ petition are that the plaintiffs filed a suit for specific performance of an agreement, said to have been executed by the defendant in petitioners’ favour on 26.12.1991, in relation to 6 Bighas 5 Biswa land. While instituting the suit, the plaintiff stated in para No.10 of the plaint that the original agreement dated 26.12.1991 had been lost ten days prior to the institution of the suit, which is being reproduced for the sake of ready reference:-

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