Applicant-Defendant has directed this Revision against the order dated 3.7.1999 rendered by Addl. District Judge. Indore in Civil Suit No. 74/86 thereby rejecting application filed by the applicant u/s. 65 of the Evidence Act for granting permission to lead secondary evidence with regard to the copies of the Promissory Notes Ex. B-1, B-2, B-3 filed on behalf of the applicant.

Briefly stated the facts of the case are one Ranjitsingh since deceased brought a suit for possession against the petitioner from the top floor of the house bearing Municipality House No. 11, situated at Meerapath, Indore, Non-applicants Nos. 1 to 3 are the LRs of the deceased-plaintiff Ranjitsingh. In the said suit, the applicant-defendant contended that he is in possession of the portion of the suit house on the basis of the past contract with the owner of the suit house one Smt. Maltibai Holkar. He contended that in part performance of the said contract with Maltibai, the petitioner paid Rs. 75,000/- to the vendor who returned the promissory notes executed by the petitioner in her favour by discharging the same under the signature. The petitioner also contended that more than one lakh rupees were spent in re

Click Here to Read the rest of this document