JUDGMENT

N.J. Jamadar, J.—Rule. Rule made returnable forthwith and with the consent of learned Counsel for the parties, heard finally at the stage of admission.

2. Can a document, which in original is not admissible, be permitted to be proved by allowing a party to adduce its secondary evidence?

3. The aforesaid question crops up for consideration in the backdrop of the following facts:—

(a) The respondent No.1 instituted a suit for declaration and perpetual injunction with the averments that the father of Balaji and Sham, respondent nos.2 and 3 – original defendant Nos.3 and 4, had executed a saledeed in favour of plaintiff’s father – Baburao, on a stamp paper of Rs.20/- denomination, which was purchased by defendant No.2 – Shrihari, the petitioner No.2 herein, on 2nd May, 1992 and thereby alienated an area admeasuring 66 x 40 ft, out of land bearing Gat No.219 situated at Mouje Gojwada, Tal. Washi, Dist. Osmanabad [suit property]. The possession of the suit property was delivered under the said sale-deed on the day of its execution. The suit property was mutated in the name of the plaintiff’s father vide Mutation Entry No.745. Likewise, the name of the plaintiff’s father was incl