Heard learned counsel Sri S.S.Mamadapur appearing

on behalf of petitioner and learned counsel Sri Ganesh

C.Kalburgi appearing for sole respondent.

2.

This writ petition is filed challenging the order

dated 05.12.2022 in OS No.29/2014 on the file of Senior

Civil Jude, Indi wherein the Trial Court has rejected IAs.16,

17 and 18 filed by the defendant, wherein the defendant

sought reopening of the case, permission to lead evidence

and to produce secondary evidence i.e., xerox copy of an

agreement for sale dated 10.06.2013. This application was

opposed by the plaintiff. The Trial Court accepted the

contentions of the plaintiff and rejected the application on

the premise that the notice is not given to the plaintiff for

3

production of original copy of the agreement which the

defendant alleged what is with the plaintiff. The Trial Court

is also of the view that the requirement of Sections 63, 64

and 65 of the Indian Evidence Act is not complied for

production of secondary evidence.

3.

Learned counsel for the petitioner would

submit that the defendant has filed an application before

the Trial Court alleging that the original of the document is

with the plaintiff and the plaintiff should be