IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA &

HON'BLE SHRI JUSTICE PRADEEP MITTAL

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ON THE 26 OF FEBRUARY, 2026 MISC. PETITION No. 5972 of 2023 SAI DUTT INFRA PVT LTD THR SHRI CHIRAG PRAKASH PARMAR Versus NATIONAL HIGHWAY AUTHORITY OF INDIA AND OTHERS Appearance:

Shri Shashank Verma, Senior Advocate with Shri Akhilesh Rai, Advocate for petitioner.

Ms. Kavita Ahirwar, Advocate for respondents.

ORDER Per: Justice Pradeep Mittal By way of present Misc. Petition, the petitioner is challenging the order dated 25.07.2023 passed by 24th District Commercial Court, Jabalpur in RCS No. 231/2019 whereby an application filed under Section application of the Petitioner filed under 65 and 66 of the Indian Evidence Act., 1872 seeking permission to lead secondary Evidence of the documents original of which were not in possession of the of respondent, has been rejected.

2. The brief facts of the petition are that the Petitioner filed an application before the Learned Trial Court under Sections 65 and 66 of the Indian Evidence Act, 1872. It was stated in the application that the examination of the Plaintiff’s witness had not yet commenced, and the original copi