JUDGMENT :

Jyotsna Rewal Dua, J

Having lost in his endeavor to lead secondary evidence in respect of agreement dated 31st May, 2010, before the learned Court below, the petitioner/defendant has preferred the instant petition under Article 227 of the Constitution of India, against the order dated 01.11.2017, passed by the learned Civil Judge, (Senior Division), Court No. 1, Rohru, District Shimla, H.P. in Civil Suit No. 18-1 of 2012, whereby application preferred by the petitioner/defendant under Section 65 of the Indian Evidence Act, was dismissed.

2. The factual position emerging from record:-

2(i) Suit was filed by the respondent/plaintiff, seeking permanent prohibitory and mandatory injunction with respect to the land comprised in Khasra No. 1186, Khata No. 96 min Khatauni 254 and also from throwing malwa, mucc and debtries etc., over the land bearing Khasra No. 1178 comprised in K.K. No. 96 min/255 situated in revenue chak Dainwari Patwar circle Tikkri Tehsil Chirgaon Distt. Shimla, H.P.

2(ii) Written statement to the plaint was filed by the petitioner/defendant on 18.06.2012, wherein paragraph-2, it was mentioned that the petitioner/defendant had started construction of his house i