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2022 Supreme(Raj) 2286

MAHENDAR KUMAR GOYAL
Durga Shankar Bareth – Appellant
Versus
Shayam Lal – Respondent


Advocates appeared:
Mr. Ajay Goyal, Advocate., for the Petitioner
None Present., for the Respondent

JUDGMENT

1. None appears for the respondents despite service.

2. This writ petition has been filed under Article 227 of the Constitution of India assailing the legality and validity of the order dated 06.03.2021 passed by learned Additional District Judge No.2, Kishangarh Bass, Alwar in Civil Suit No.34/34/2018 whereby, an application filed by the respondent No.1/plaintiff under Section 65, Evidence Act, 1872 (for brevity, "the Act of 1872") and Section 35, Stamp Act, 1899 (for brevity, "the Act of 1899") seeking to lead secondary evidence in respect of the photocopy of an unregistered and insufficiently stamped agreement to sell, has been allowed.

3. The facts in brief are that the respondent No.1/plaintiff filed a suit for specific performance of the agreement to sell dated 06.05.2022 and permanent injunction. During its pendency, he moved an application under Section 65 of the Act of 1872 and Section 35 of the Act of 1899 seeking permission of the Court to lead secondary evidence qua the sale agreement dated 06.05.2022. The application has been allowed by the learned trial Court vide its order dated 06.03.2021, the subject matter of challenge.

4. Assailing the order, learned counsel

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