IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 991 of 2011 Date of decision: 26.7.2011 Medi … Petitioner versus Balli @ Balram and others … Respondents CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. Atul Yadav, Advocate, for the petitioner Mr. Adarsh Jain, Advocate, for the respondents. ... ARVIND KUMAR, J: The present petitioner is the plaintiff in the suit for permanent injunction titled Medi v. Balli @ Balram and others. He is aggrieved with order dated 25.1.2011 passed by the Civil Judge (Sr.Division), Nuh, by dint of which his application to prove compromise dated 27.6.1984 by way of secondary evidence has been dismissed. Hence, this revision. Heard. The defendants when filed written statement, denied any partition by way of compromise but despite that plaintiff did not care to produce the original compromise. The learned Court below while dismissing his application has observed as follows:- “ The plaintiff filed the present suit for permanent injunction and when the defendants filed the written statement, they denied any partition by way of compromise as alleged by the plaintiff. After this plaintiff has lead his evidence but never felt the need to get the alleged original compromise produced from the defendants. Now when the case was fixed for final C.R. No. 991 of 2011 -2- arguments the plaintiff wants to prove the alleged documents by way of secondary evidence but still there is nothing on file to explain the presence of the original document. It has been observed by the Hon'ble Supreme Court in Smt. J. Yashodha v. Smt. K.Shobha Rani, 2007(2) HRR (SC) 8 that secondary evidence may be given only when better evidence required by law to be given first cannot be produced or when no proper explanation of its absence is given. If a party fails to produce primary evidence such party cannot be allowed to introduce secondary evidence.” In view of the above, there is no infirmity in the impugned order. No interference is called for. The revision petition is dismissed. July 26, 2011 ( ARVIND KUMAR ) JS JUDGE