JUDGMENT :

Sanjay Dwivedi, J.

1. With the consent of learned counsel for the parties, the matter is heard finally.

2. By the instant petition, the petitioners are assailing the order dated 22.07.2017 (Annexure-P/13) whereby their application filed under Section 65 of the Indian Evidence Act, 1872 (hereinafter referred to as 'the Act, 1872'), has been rejected by the Court below mainly on two counts, firstly; that in their application, they have not disclosed the source of obtaining the document which is sought to be examined as a secondary evidence, and secondly; relying upon a judgment reported in AIR 2007 MP 157 (Haji Mohd. Islam & Another Vs. Asgar Ali & Another), it is held that name of the person who got the photocopy of said document done, has not been disclosed in the application.

3. Learned counsel for the petitioners submits that so far as the first ground is concerned, that is contrary to the record as the petitioners in paragraph-4 of the application have mentioned the source of obtaining the document, but the Court has ignored that fact and gave perverse finding and so far as the second ground is concerned, he submits that the provisions of Section 65 of the Act, 1872, do n