ORDER :

1. This writ petition has been filed by the petitioner aggrieved against the order dated 10.2.2022 passed by the Senior Civil Judge, Jaitaran (Pali), whereby, the application filed by the petitioner-defendant under Section 65 of the Evidence Act, 1872 (‘the Act’) seeking permission to lead secondary evidence has been rejected.

2. The non-petitioner-plaintiffs filed a suit for cancellation of release deed and for permanent injunction. The petitioner filed written statement and contested the suit. During the pendency of the proceedings, the plaintiffs filed an application seeking direction to the petitioner to produce the original memorandum of family settlement/partition dated 14.5.1978. The petitioner filed reply to the application and denied possession of the document and stated that the plaintiffs’ father - Jhumar Lal had made a photo copy of the original and had given to him. The trial court observing that as a specific indication has been made in the reply that the original document is not in possession of the defendant, the application was disposed of.

3. The petitioner, whereafter, filed an application under Section 65 of the Act with the averments that based on the writ