Civil Rev. 3787 of 2008 1 IN THE PUNJAB AND HARYANA HIGH COURT, CHANDIGARH Civil Rev. 3787 of 2008 Date of decision: 11.8.2009 Rana Partap Singh Petitioner vs Kabal Singh Respondent Present Mr. HS Batth, Advocate Mr. BR Mahajan, Advocate M.M.S.BEDI,J. The defendant has preferred this revision petition under Article 227 of the Constitution of India aggrieved by order dated 12.6.2008 by virtue of which the trial court has permitted the plaintiff- respondent to lead secondary evidence pertaining to a pronote and receipt, which has been relied upon by the plaintiff in his suit for recovery. After hearing learned counsel for the parties, I am of the opinion that the present revision petition has been filed being apprehensive that the impugned order dated 12.6.2008 would imply the existence, admissibility and evidentiary value of the pronote, alleged to have been executed by the defendant- petitioner. In this context, a reference can be made to judgment of this court in Ashok Kumar Sachdeva vs Harish Malik 2007(4) RCR (Civil) 311, wherein it has been clarified that to grant leave to lead secondary evidence does not mean that the document is admitted in evidence nor it is a finding of the existence of any of the conditions indicated in Section 65 of the Evidence Act. It was further observed in the said judgment that the failure or success to prove Civil Rev. 3787 of 2008 2 the existence of documents or its loss cannot be pre-determined that too without providing opportunity and that whether it is proved or not, is to be seen after the leave is granted and the material/ evidence produced is evaluated. In view of the above circumstances, this petition is dismissed by again clarifying that the impugned order will not tantamount to admission of existence/ execution/loss of the document. The plaintiff will have to, in accordance with law, prove by adopting an appropriate mode of proof, admissibility and relevance of the document sought to be established by way of secondary evidence. August 11 ,2009 ( M.M.S.BEDI ) TSM JUDGE