ORDER

1. This writ petition under Article 227 of the Constitution of India has been preferred by the petitioner-defenant No.1 assailing the legality and validity of the order dated 23.10.2021 passed by the learned Additional Civil Judge, Jhunjhunu in Civil Suit No.56/2018 whereby, allowing the application filed by the respondent No.1-plaintiff under Sections 65 & 66 of the Indian Evidence Act, 1872 (for brevity, 'the Act of 1872'), a photocopy of the registered patta has been permitted as secondary evidence.

2. The facts in brief are that the respondent-plaintiff filed a suit for eviction, possession and permanent injunction on the strength of a patta dated 10.11.1986 issued by the Gram Panchayat Kolinda in his favour. During the course of trial, he moved an application under Sections 65 & 66 of the Act of 1872 seeking permission of the Court to exhibit a photocopy of the patta by way of secondary evidence. The application has been allowed by the learned trial Court vide its order dated 23.10.2021, which is subject matter of challenge.

3. Learned counsel for the petitioner, drawing attention of this Court towards the provisions of Section 65 of the Act of 1872, canvasses that when the