SBCWP NO.4241/2007. 1 S.B. CIVIL WRIT PETITION NO.4241/2007. Banwarilal Saini & Anr. Vs. Lalluram Saini & Anr. Date of order :- 29/1/2008. HON'BLE MR.JUSTICE M.N. BHANDARI Shri Rajesh Kapoor for the petitioners. Shri Bharat Sani for the respondents. **** The petitioner has challenged the order dated 18/4/2007 whereby his application to accept photocopy of the document as secondary evidence was dismissed on the ground that photocopy of document cannot be considered to be a secondary evidence. Learned counsel for the petitioner submits that the petitioner had earlier moved an application for summoning of the same document from the erstwhile R.S.E.B. as original document is in possession of the erstwhile R.S.E.B. However, when the document could not be produced by the aforesaid Board then, petitioner moved an application for acceptance of photocopy of the document as secondary evidence. However, the said application was dismissed by the impugned-order. Learned counsel for the respondents submits that the application was moved by the petitioner only with a view to delay the matter. It was submitted that if the original suit is ordered to be decided within a reasonable period then, photocopy SBCWP NO.4241/2007. 2 of the document can be ordered to be taken as secondary evidence. Considering the submissions of both the counsel, the order impugned dated 18/4/2007 (Ann.2) is set-aside. The court below is directed to accept the photocopy of the document as secondary evidence and proceed with the matter accordingly. It is further directed that the pending suit may not be delayed further thus, it is considered proper to direct the court below to decide the suit possibly within a period of six months. With this direction, the writ petition is disposed of. (M.N. BHANDARI), J. anil