IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 758 of 2005 DATE OF DECISION : 26.08.2009 Ajay Kumar .... PETITIONER Versus Smt. Santosh Kumari and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Mr. Sanjay Vij, Advocate, for the petitioner. Mr. Sudhir Aggarwal, Advocate, for respondents No.1 and 2. * * * SATISH KUMAR MITTAL , J. ( Oral ) The defendants have filed the instant revision petition against the order dated 25.1.2005, passed by Civil Judge (Junior Division), Gurgaon, whereby their application for leading secondary evidence to prove three sale deeds dated 9.2.1994, 21.9.1994 and 3.7.1995 was dismissed on the ground that the existence of these documents was not proved. The suit of the plaintiffs is for permanent injunction. They are claiming themselves to be owners in possession of the suit land. On the other hand, the defendants are contesting the said suit by pleading that vide the aforesaid three sale deeds, they have jointly purchased certain land, including the suit land, and subsequently, under the partition, the suit land fell to their share and thereafter, they are in exclusive possession of the CR No. 758 of 2005 -2- same. On the last date of hearing, counsel for the petitioner was asked to show the proof regarding the existence of the sale deeds. Today, he has produced photostat copies of two registered sale deeds dated 21.9.1994 and 3.7.1995 and certified copy of the third sale deed dated 9.2.1994, which was obtained on 6.8.2007. These documents have been shown to counsel for respondents No.1 and 2. The existence of these three sale deeds has been prima facie established. It appears that these documents were not shown to the trial court, therefore, the application for permission to lead secondary evidence was dismissed. In view of the aforesaid facts, this revision petition is allowed and the impugned order dated 25.1.2005 is set aside. The petitioner is permitted to prove the aforesaid three sale deeds by leading secondary evidence before the trial court, subject to payment of Rs. 5,000/- as costs. August 26, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE