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2025 Supreme(Online)(HP) 6203

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Satyen Vaidya, J
Amarjeet Singh – Appellant
Versus
Tara Chand & another – Respondent


Advocates:
For the Appellants/Petitioners: Mr. G.R. Palsra
For the Respondents: Mr. Devender K. Sharma

Table of Content
1. background of the property dispute and initial application for secondary evidence. (Para 2 , 3 , 4 , 5 , 6)
2. discussion on the relevance and necessity of secondary evidence. (Para 7 , 8 , 12 , 13)
3. court's ruling on the appeal allowing the introduction of secondary evidence. (Para 9 , 14 , 15)
4. court decision to allow secondary evidence for establishing the case. (Para 10)

Satyen Vaidya, Judge (oral)

Heard.

2. By way of instant petition, the petitioner has assailed the order dated 11.05.2022, passed by learned Senior Civil Judge, Court No.1, Mandi, in Civil Suit No.234/18/11, whereby the application of the petitioner for leave to lead secondary evidence has been dismissed.

3. The petitioner and respondents herein are plaintiff and defendant, respectively before learned trial Court in Civil Suit No.234/18/11. The parties hereafter shall be referred to by the same status as they hold before learned trial Court.

4. The plaintiff has filed a suit for permanent prohibitory injunction against the defendant and another in respect of the land comprised in Khewat No.401, Khatauni No.476, Khasra No. 701, 703 and 705 along with Khewat Khatuni No.400/475, Khasra No.700 and 70

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