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2023 Supreme(P&H) 1347

GURBIR SINGH
Juhruddin (deceased) through LRs – Appellant
Versus
Iqbal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Sachin Mittal, Advocate and Mr. Akshat Mittal, Advocate

JUDGMENT :

GURBIR SINGH, J.

1. Challenge in this revision petition filed under Article 227 of the Constitution of India is to the order dated 16.09.2023 (Annexure P-1), passed by learned Additional Civil Judge (Senior Division), Ferozepur Jhirka, District Mewat (hereinafter referred to as – the Trial Court), whereby application filed by the respondents/plaintiffs, seeking permission to prove the agreement to sell dated 29.08.2014 by leading secondary evidence, has been allowed.

2. Brief facts, as culled out from the petition, are that the plaintiffs/respondents filed a suit for specific performance of the agreement to sell dated 29.08.2014, entered into by the defendants/petitioners with plaintiffs/respondents.

3. During pendency of the case, the plaintiffs/respondents moved application for grant of permission to lead secondary evidence of the agreement to sell dated 29.08.2014, entered into between the parties. It was submitted therein by the plaintiffs/respondents that on 16.07.2016, during their visit to the Court Complex, Ferozepur Jhirka, they lost the original agreement. DDR was also registered regarding this loss. It was further pleaded in the application that the true and corre

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