JUDGMENT

1. This writ petition under Article 227 of the Constitution of India has been filed against the order dated 04.08.2021 passed by the learned Additional District Judge No.1, Baran, District Baran whereby, an application filed by the petitioner-plaintiff under Section 65 of the Evidence Act, 1872 (for brevity, 'the Act of 1872') has been dismissed.

2. The facts in brief are that in a suit filed for specific performance of the agreement and permanent injunction, the petitioner filed an application under Section 65 of the Act of 1872 for tendering a photocopy of the photocopy of the agreement to sell dated 22.07.2011 in evidence. The aforesaid application has been dismissed by the learned trial Court vide its order dated 04.08.2021, impugned herein.

3. Assailing the order, learned counsel for the petitioner submitted that photocopy of a photocopy of the original document was admissible in evidence. He, in support of his submission, relies upon a judgment of Hon'ble Apex Court of India in case of M. Chandra v. M. Thangamuthu and Anr.: (2010) 9 SCC 712. He, therefore, prays that the order impugned dated 04.08.2021 be quashed and set aside and he may be permitted to lead secondary e