H.S.Bedi, J.

1. The petitioner Santokh Singh, who is the plaintiff before the trial Court, filed a suit for specific performance of the agreement to sell dated May 28, 1985 pertaining to 56 kanal of land which had been executed by Bishan Singh-respondent No. 1 acting on behalf of Amar Chand respondent No. 2 as holder of a registered power of attorney. As the respondent defaulted in the execution of the sale deed, the petitioner filed a suit for specific performance, as already mentioned above.

2. In the written statement, the stand of the defendants was that the agreement to sell had not been executed and that Amar Chand -respondent No. 2 had not executed any power of attorney in favour of respondent No. 1. Bishan Singh aforesaid, who though served did not choose to appear in Court and as such the efforts of the petitioner to prove the existence of the power of attorney were un-successful. The petitioner; thereafter, filed an application before the trial Court for permission to lead secondary evidence with respect to the power of attorney, which was in possession of Bishan Singh but this effect too, was thwarted, the Court holding that as a notice envisaged under Section 66