……Respondents CORAM : HON'BLE MR. JUSTICE DEEPAK GUPTA Present: Mr. Vishal Pundir, Advocate, for the petitioner. DEEPAK GUPTA, J.

Petitioner herein is defendant No.1 before learned Additional Civil Judge (Sr. Divn.) Karnal in civil suit bearing CIS No. 2640 of 2021, titled Vijay Kumar Vs. Vijay & Anr. He is aggrieved by the order dated 19.08.2025 (Annexure P-8), whereby application of the plaintiff-respondent No.1 for leading secondary evidence has been allowed.

2. Perusal of paper-book would reveal that based upon an agreement to sell dated 30.07.2018 and supplementary agreements dated 01.12.2018 and 09.01.2020, the plaintiff-respondent had filed a suit for seeking decree of possession by way of specific performance. It was stated in the plaint itself that on 02.10.2021 plaintiff had gone to the office of his Advocate from his house on motor-cycle. On coming back, he found that original documents were lost in the area of Taraori, District Karnal. He tried his best to trace the original documents, but failed to do so. He lodged DDR with the police station Taraori on 12.10.2021 in this regard.

3. Defendant No.1-petitioner did not deny the execution of the agreement but claimed that pla