Civil Revision No. 6291 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 6291 of 2009 Date of decision : 11.1.2010 Hari Krishan and others ....Petitioners Versus Mohan Singh Hira ...Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Naresh Gopal Sharma, Advocate for the petitioner Mr. Samarth Sagar, Advocate for the respondent. S. D. ANAND, J. The petitioners applied for the leave of the Trial Court to adduce secondary evidence to prove certain income tax documentation pertaining to the party opposite. The plea, raised in support thereof, was that inspite of the summoning of an official of the Income Tax Department, the relevant record had not been produced on the plea that it was not traceable, thereby leaving the petitioners with no option but to adduce secondary evidence in support thereof. The learned Trial Court negatived the plea. It is apparent from the impugned order that it is not a case where the Income Tax Department had withheld the relevant record. The Income Tax Department official pleaded inability to trace Civil Revision No. 6291 of 2009 -2- **** the record in the absence of relevant PAN. On that foundational premise for the non availability of the relevant record, it could not be argued that the relevant record had been misplaced. A party, desirous of summoning the record from a Government department, must furnish the relevant particulars thereof. It is then only that the relevant quarter would be enabled to look for the relevant record and produce it in the Court. In this case, there was dereliction on the part of the petitioners themselves who could not indicate the relevant PAN. It was on account of absence of the particulars of the summoned record that it could not be produced by the Income Tax Department official. In that view of things, the learned Trial Court was fully justified in declining the plea for secondary evidence. The petition shall stand dismissed accordingly. January 11,2010 (S. D. ANAND) Pka JUDGE