IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE AMIT SETH WRIT PETITION No. 5807 of 2017 SMT. SHOBHA VASHISHTHA THR. POWER OF ATTORNEY SHRI MAHENDRA SINGH Versus ALLAHABAD BANK THR. AND OTHERS Appearance:

Shri Rohit Bansal - Advocate for the petitioner.

Shri Harshavardhan Topre - Advocate for the respondents.

Reserved on : 26/09/2025 Delivered on : 04/11/2025 ORDER

1. With the consent of parties, the matter is heard finally.

2. The instant writ petition under Article 227 of the Constitution of India challenges the order dated 24.08.2017 passed by the learned trial Court whereby, the application preferred by the petitioner under Section 65 of the Indian Evidence Act, seeking permission to prove the photocopy of the draft lease agreement as secondary evidence, has been rejected.

3. Brief facts leading to filing of the instant writ petition are as under:- 3.1 The petitioner/plaintiff instituted a suit for recovery of sum of Rs.14,41,561/- along with interest against the respondents/defendants on the ground that a hall admeasuring 1700 sq.ft. situated at Jal Mandir Road, New Block Shivpuri, belonging to the petitioner, was agreed to be taken on rent by the responde