JUDGMENT :

Biswanath Rath, J.

This Civil Misc. Petition involves a challenge to the order dated 26.6.2014 passed by the Civil Judge (Sr.Divn.), Paralakhemundi in C.S. No.93/2011 appearing at Annexure-4.

2. Assailing the impugned order, Sri Das, learned counsel for the petitioner referring to the pleadings in paragraph-2 and paragraph-3 of the written statement submitted that the claim of the petitioner on the basis of a mortgage deed having been denied in the written statement further questioning the existence of such document by the defendants, it is claimed that the plaintiff had no other option than to introduce the secondary evidence by introducing the Xerox copy of the mortgage deed available with her. Further referring to the provision contained in Sections 65 and 66 of the Indian Evidence Act, 1872, Sri Das, learned counsel for the petitioner claimed that for the clear denial of the defendants, there was no question to take resort to the procedure made in Section 66 of the Indian Evidence Act and this aspect having been wrongly appreciated the Civil Judge has passed the wrong impugned order, which needs to be interfered with and set aside. Referring to a decision of this Court