SUJOY PAUL
Vijendra Singh – Appellant
Versus
Deena – Respondent
1. By filing petition under Article 227 of the Constitution, the petitioners have challenged the order dated 10.9.2012 in Civil Suit No. 47A/11 by Second Civil Judge, Class II. Sabalgarh, District Morena. The plaintiffs filed suit for permanent injunction against defendants. During the pendency of the said suit, they filed an application under section 65 of the Evidence Act on 31.8.2012. The other side opposed the relief claimed in the said application. In the said application, it is Stated that the plaintiffs ecquired the possession pursuant to sale-deed dated 1.4.2009. The said sale-deed was certified before a Notary namely Rambharosi Sharma. Howerver, original sale-deed is not traceable by the plaintiffs and there is no possibility of availability of the original sale-deed in future. Accordingly, plaintiffs allegedly obtained true copy of the said sale-deed from the office of the said Notary and produced it before the Court below. It was prayed that the said document be taken as secondary evidence. This was opposed on the ground that the photocopy is not admissible in evidence unless the necessary requirements provided under the Evidence Act are fulfilled. It is further st
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