CR No.5523 of 2007 - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.5523 of 2007 (O&M) DATE OF DECISION: 11.11.2009 **** Dilbagh Singh and another . . . . Petitioners VS. Darshan Singh and others . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Hitesh Sood, Advocate for the petitioners Mr. S.S. Grewal, Advocate for respondent No.1 ***** SURYA KANT J.(ORAL) (1). This revision petition is directed by the defendants against the order dated 10.09.2007 passed by the Additional Civil Judge (Senior Division) Rajpura, whereby, the first respondent-plaintiff has been permitted to lead secondary evidence to prove the alleged ‘agreement to sell’ dated 11.03.1994. (2). The petitioners are the contesting defendants. Their stand is that no such agreement to sell was ever executed and the document sought to be produced or proved by the respondent-plaintiff is a forged and fabricated document. (3). Having heard counsel for the parties, I am of the considered view that merely by permitting the respondent- plaintiff to lead secondary evidence to bring on record the CR No.5523 of 2007 - 2 - alleged agreement to sell dated 11.03.1994 does not at all affect the petitioner-defendants’ plea that the so-called agreement to sell dated 11.03.1994 is forged and fabricated document. (4). Suffice to observe that the question as to whether the said document is a forged and fabricated document can be gone into by the Civil Court only if it is brought on record. Since the original document, according to the respondent, is not traceable, he can be permitted to lead secondary evidence to bring the said document on record. However, the Civil Court shall be obligated to consider the plea taken by the petitioner-defendants that the alleged ‘agreement to sell’ is a forged and fabricated document and a specific finding in relation thereto shall also be returned. (5). Disposed of. (6). Dasti. (SURYA KANT) JUDGE 11.11.2009 vishal shonkar