1 SB Civil Writ Petition No.2386/2008 Ramesh Chandra Kavia. vs. A.D.J. (FT) No.2, Udaipur & Anr. S.B. Civil Writ Petition No.2386/2008 Ramesh Chandra Kavia. vs. Addl. District Judge (FT) No.2, Udaipur & Anr. Date : 16.1.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.S Shah, for the petitioner. Mr.BR Choudhary, for the respondent. - - - - - Heard learned counsel for the parties. The petitioner is aggrieved against the order dated 23.1.2008 passed by the Court of Additional District Judge (Fast Track) No.2, Udaipur whereby the petitioner's application under Section 65 of the Evidence Act has been rejected by which the petitioner sought permission to produce the copy of lease deed dated 14.8.1995. It is not in dispute that the execution of the lease deed dated 14.8.1995 is not in dispute rather say, it is admitted. In that situation, the trial court committed error of law by refusing the 2 SB Civil Writ Petition No.2386/2008 Ramesh Chandra Kavia. vs. A.D.J. (FT) No.2, Udaipur & Anr. permission to produce the secondary evidence with respect to the document i.e. lease deed dated 14.8.1995. In view of the above, this writ petition is allowed, the order dated 23.1.2008 is set aside, the application filed by the petitioner under Section 65 of the Evidence Act is allowed and the lease deed dated 14.8.1995 is admitted in evidence as secondary evidence. (PRAKASH TATIA), J. S.Phophaliya