Paramjeet Singh, J.—Instant civil revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 29.11.2011 passed by learned Civil Judge (Jr. Divn.), Karnal whereby application moved by petitioner-plaintiff under Sections 63 and 65 of the Indian Evidence Act, 1872 (in short “the Act”) seeking permission to prove photostat copy of agreement dated 16.05.1994 allegedly executed by Brij Lal, predecessors in-interest of respondents in favour of petitioner-plaintiff, by way of secondary evidence, has been dismissed.

2. Shorn of unnecessary details, the facts relevant for disposal of the present petition are to the effect that the petitioner-plaintiff filed suit for possession by way of specific performance of contract dated 16.05.1994 with consequential relief of permanent injunction. During the pendency of suit, the petitioner-plaintiff filed application for leading secondary evidence to prove photostat copy of alleged agreement dated 16.05.1994 allegedly executed by Brij Lal, predecessor-in-interest of the respondents in favour of the petitioner. The petitioner got instituted the suit by Mr. Rajinder Singh Rana, who has expired during