, J.

1. This is plaintiffs revision petition where order of Sub Judge 1st Class, Ludhiana, dated 20.11.1989 granting permission to adduce secondary evidence of family partition under Sec.65 of the Indian Evidence Act (hereinafter referred to as the Act) has been impugned.

2. Defendant respondent Bant Singh in a suit filed by Mukhtiar Singh plaintiff took the plea that partition of land measuring 3 kanals 9 marks, comprised in Khasra No.348, Khewat No.77, Khatoni No.108 situated in village Saholi, District Ludhiana, had taken place on 15.6.1985. Original Document was not produced and an application was filed under Sec.65 of the Act for proving the partition by leading secondary evidence on the ground that original partition was handed over to the Sarpanch of the village who had died. A photostat copy of the document was placed on record. The plaintiff petitioner denied the alleged partition or the execution of the partition deed dated 15.6.1985. His case was that in fast no partition had taken place between the parties. The trial Court relying upon the fact that photostat copy had been placed on the record permitted the secondary evidence to be led subject to proof of loss.