1 SB Civil Writ Petition No.6089/2008 Smt. Pushpa. vs. Aaskaran. S.B. Civil Writ Petition No.6089/2008 Smt. Pushpa. vs. Aaskaran. Date : 9.1.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.MS Purohit, for the petitioner. None present, for the respondent. - - - - - Nobody appeared for the respondent inspite of service, hence, this petition is heard finally. The petitioner is aggrieved against the order dated 14.7.2006 by which the trial court by non- speaking order did not grant the relief to the petitioner on his application filed under Order 11 Rule 12 read with Rule 14 CPC on the ground that the plaintiff submitted that the original document is not in his possession. The defendant by application Ex.4 under Order 11 Rule 12 read with Rule 14 CPC submitted that he came to know that a power of attorney has been executed on 30.8.2003 in favour of the plaintiff's 2 SB Civil Writ Petition No.6089/2008 Smt. Pushpa. vs. Aaskaran. son Basanti Lal and the defendant produced the photostat copy of the said power of attorney. The defendant prayed that the said original document which is in possession of the plaintiff be got produced from the plaintiff. The defendant submitted reply and stated that the original power of attorney is not in possession fo the plaintiff and he is also having a photostat copy of the alleged power of attorney which was given to the defendant by the plaintiff. Looking to the facts of the case, the petitioner can move application under Section 65 of the Evidence Act for taking on record secondary evidence and in a case when the affidavit has been filed by the plaintiff that the original is not in his possession, he could not have been directed to produce the original document which is not in his possession. With the aforesaid liberty, this writ petition is dismissed. (PRAKASH TATIA), J. 3 SB Civil Writ Petition No.6089/2008 Smt. Pushpa. vs. Aaskaran. S.Phophaliya