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

th

ON THE 16 OF DECEMBER, 2025 MISC. PETITION No. 6529 of 2025 SMT.SAEEDA BI AND OTHERS Versus RABIYA BI AND OTHERS Appearance:

Shri Sunil Kumar Mishra - Advocate for the Petitioner.

Shri Akhilesh Kumar Jain - Advocate for the Respondents No.1 to 7.

ORDER The present Petition has been filed challenging the Order 06.03.2025 passed by the Trial Court thereby rejecting the application under Section 65 of the Evidence Act filed by the Petitioner/Plaintiff.

2. It is contended by learned counsel for the Petitioner that the original of the document is with the contesting parties i.e, defendants No.1 to 5 and since these defendants in response to application under Order 11 Rule 12 of the CPC have denied to be in possession of the original, therefore, Plaintiff had no option but to file application under Section 65 of Evidence Act for leading secondary evidence from the photo copy of original.

3. Per contra, learned counsel for the respondents/defendants had vehemently opposed the Petition on the assertion that the present Petition has been filed in November, 2025 though the impugned Order was passed in March, 2