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2002 Supreme(P&H) 301

M.M.KUMAR
P. K. Gupta – Appellant
Versus
Varinder Sharma – Respondent


Judgment

1. This is a revision petition filed under Sec. 115 of the Code of Civil Procedure, 1908 (for brevity, the Code) challenging the order dated 4-10-2001 passed by the Civil Judge (Senior Division), Kurukshetra has dismissed the application of the plaintiff-petitioner seeking permission to prove the agreement dated 13-4-1996 by adducing secondary evidence in place of the original.

2. Brief facts of the case which led to the filing of the present revision petition are that the plaintiff-petitioner has filed a civil suit No. 336 of 18-9-1997 for recovery of Rs. 30,000.00 as principal sum plus interest at the rate of Rs. 12% per annum in terms of agreement dated 13-4-1996. It is averred that the plaintiff-petitioner entered into a consultancy agreement with the defendant-respondent for setting up a unit of zinc metal which was to produce zinc metal made from zinc ash. The unit was to be set up at Kurukshetra. A consultancy agreement is alleged to have been executed between the plaintiff-petitioner and defendant-respondent on 13-4-1996 at Kurukshetra and the same is alleged to be signed by both the parties in the presence of the witnesses. According to the agreement, the defendant



















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