IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 381 of 2000 Date of decision: 17th August, 2009 Surjit Singh … Petitioner Versus Sukhdev Singh and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. R.K. Girdhar, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present revision petition was filed in year 2000 against the order dated 11th November, 1999 passed by the Civil Judge (Jr. Division), Muktsar. Notice of motion was issued to the respondents and further proceedings were stayed. Nobody had caused appearance for the respondents and they were proceeded ex-parte vide order dated September 27, 2000. In the present case, defendants had filed an application for leading secondary evidence to agreement/taksim khangi dated 30th March, 1992. The defendants took a plea that the plaintiff had already exhibited the photocopy of the said agreement in Civil Suit No. 220 dated 24th July, 1990 decided on 27th January, 1993. The plaintiff took the objection that certified copy issued by the Court cannot be taken into consideration, as it has been issued on the basis of photostat copy available in the Court record. It was further urged that somebody has to depose regarding the Civil Revision No.381 of 2000 loss of deed. The trial Court had allowed secondary evidence regarding the copy of partition deed, subject to all just and legal exceptions. In the present case, in another suit, which was decided, plaintiff had relied upon photo copy of agreement/ taksim khangi dated 30th March, 1992. In another proceedings, he cannot say that certified copy of the same cannot be relied, because it is prepared from the photostat copy. Therefore, defendants have been rightly permitted to lead secondary evidence. Therefore, as a matter of caution, present revision petition is disposed of, with an observation that it will be open to the parties to urge regarding the admissibility of the agreement/ taksim khangi dated 30th March, 1992 at the time of final adjudication of the suit. [KANWALJIT SINGH AHLUWALIA] JUDGE August 17, 2009 rps 2