Sri.Shivakumar

Kalloor,

learned

counsel

for

petitioner and Sri.Ajaykumar A.K., learned counsel for

respondent No.1 have appeared in person.

For the sake of convenience, the parties are

referred to as per their ranking in the trial Court.

3.

Plaintiff-Gangabai filed a suit for recovery of

money in O.S.No.221/2011 to direct defendant No.1 to

pay amount of Rs.2,13,415/- (Rupees Two Lakhs Thirteen

Thousand Four Hundred and Fifteen only) with interest

from 19.03.2011.

It is the case of the plaintiff that she purchased the

land bearing R.S.No.136/1A/2 measuring 6 Acres 26

Guntas situated at Jamabagi-A Village, Vijayapur Taluka

under a registered sale deed dated 10.08.2006 from

defendant No.1 for a valuable consideration and she was

3

put in possession of the said property. It is contended that

after verifying the mutation entries and etc., plaintiff

purchased the property and she has not borrowed any loan

from anybody to purchase the said property. Her name

came to be entered in revenue records.

As things stood thus, the Official of Chaitanya Mahila

Cooperative Bank Limited, Vijaypur - defendant No.2

demanded plaintiff to pay an amount of Rs.2,13,415/-

(Rupees Two Lakhs Thirteen Thousand Four Hundred and

Fifteen only) forthwith. The plaintiff replied that she has

not raised any loan, but she was told that defendant No.1

had taken loan of Rs.2,00,000/- (Rupees Two Lakhs only)

and not paid the amount with interest. It is also alleged

that defendant No.1 has raised loan by mortgaging the

property and the plaintiff requested defendant No.1 to pay

the amount but in vain. Hence, the plaintiff was

constrained to file a suit for recovery of money.

Defendant No.1 entered appearance and filed written

statement on 10.11.2011. Defendant No.2 also filed

4

written

statement

on

11.07.2013.

Defendant

No.1

contended that she has sold the property. A legal notice

was issued to the Bank stating that she has made payment

of Rs.3,07,820/- (Rupees Three Lakhs Seven Thousand

Eight Hundred and Twenty only) by Pay Order to the Bank

on 02.08.2006. Hence, it was contended by defendant

No.1 that whole amount which is sought to be recovered

from the Bank was made good by her by Pay Order and

the said amount has been realized by the Bank also. In

spite of this to enrich themselves, the Bank had issued

notice to the plaintiff and claimed whole amount from the

plaintiff.

During the pendency of the suit, the defendant No.1

filed an application in I.A.No.IV under Order 11 Rule 14 of

CPC for direction to the Bank to produce entire statement

of accounts and the legal notice issued by the Advocate

and also original Pay Order copy. The Bank did not produce

the document.

5

It is averred that defendant No.1 also made an

application in I.A.No.VIII under Section 65 of the Indian

Evidence Act, 1872 for leading secondary evidence and

wanted to produce the documents by way of secondary

evidence as they are Xerox copy of legal notice and Pay

Order

Copy.

The

plaintiff

has

filed

objections

to

I.A.No.VIII. The Trial Court vide order dated 12.02.2020

rejected the application.

Under these circumstances, petitioner having left

with no other efficacious or alternative remedy has filed

this Writ Petition under Articles 226 and 227 of the

Constitution of India.

4.

Sri.Shivakumar Kallor, learned counsel for the

petitioner submits that the order passed by the Trial Court

on I.A.No.VIII is contrary to law and hence, the same is

liable to be dismissed.

Next, he submitted that the Trial Court has not

followed the scope of Section 65 of the Indian Evidence

6

Act, 1872, in such cases the secondary evidence should

be permitted to be adduced.

A further submission was made that once an

application is filed under Section 65 of the Indian Evidence

Act,

1872,

the

Court

should

first

permit

the

petitioner/party to lead evidence on the question of

secondary evidence and then decide whether such

document can be looked into or not.

It is also contended that the Trial Court has erred in

rejecting th