C.R. No.1748 of 2005 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.1748 of 2005 Date of Decision: 12.2.2008 Mastan Singh .....Petitioner Vs. Ralla Singh and others ...Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.S.S. Panag, Advocate for the petitioner. Mr.Y.P. Khullar, Advocate for the respondents. ... RAJIVE BHALLA, J (Oral) This revision petition filed under Article 227 of the Constitution of India, is directed against the order dated 22.11.2004 passed by the Civil Judge(Junior Division), Ludhiana, allowing an application of the respondent for permission to lead secondary evidence. A perusal of the impugned order dated 22.11.2004 discloses complete non application of mind on the part of the learned trial Court, in dealing with the provisions of Sections 65 and 66 of the Indian Evidence Act. It is settled law that before proceeding to allow an application for secondary evidence, a Court must call upon the party, to satisfy the Court, as to the existence of the primary evidence, its loss or the fact that it is in the possession of the other party, who despite notice has refused to produce the same. Reference in this regard, may be made to the provisions of Sections 65 and 66 of the Indian Evidence Act. Though the impugned order, makes a reference to the provisions of Sections 65 and 66, it appears that C.R. No.1748 of 2005 2 while allowing the application, the learned trial Court lost sight of the principles enshrined therein. Consequently, the revision petition is allowed. The order dated 22.11.2004 is set aside and the matter is remitted to the trial Court, to consider the application for leading secondary evidence, afresh, in accordance with law. Parties are directed to appear before the learned trial Court on 10.3.2008 for further proceedings in accordance with law. 12.2.2008 ( RAJIVE BHALLA ) GS JUDGE