B.R. ARORA, J.—This revision is directed against the order dated 17th January 1989 passed by Additional Civil Judge cum Addl. Chief Judicial Magistrate Jodhpur by which the Additional Civil Judge Jodhpur rejected the application of the plaintiff filed under Section 65 of the Evidence Act for taking the secondary evidence.

2. Brief facts of the case are that the plaintiff petitioner filed a suit for the recovery of Rs. 4000/- against the defendant. Along with the plaint a photostat copy of the Khata of the defendant which was signed by the defendant was also filed. The Khata is dated 27th of October, 1931, Which was entered in the Bahi of the plaintiff. It is allowed that this photostat copy of the Khata which was signed by the petitioner was filed in the Court but could be compared with the original Bahi. The original Bahi was handed over to Shri Omprakash Soni Advocate and later on the counsel was changed. On 2nd of August, 1988, the plaintiff filed an application under section 58 of the Evidence Act stating therein that along with the plaint, the plaintiff filed a photostat copy of the account of the defendant which was signed by the defendant and the defendant has neither admitte

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