IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.526 of 2010 (O&M). Date of Decision : 27.1.2010. Smt. Shayam Lata ......Petitioner Versus Satya Narain Mehta ......Respondent CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Vinod S. Bhardwaj, Advocate, for the petitioner. NAWAB SINGH J (Oral) 1. This defendant's revision is directed against order dated December 5th, 2009 (Annexure P/3) passed by Civil Judge (Junior Division), Bhiwani, whereby, plaintiff-respondent was allowed to prove an agreement to sell dated October 5th, 2005, by leading secondary evidence. 2. Plaintiff-respondent in his suit pleaded that the agreement to sell dated October 5th, 2005 was lost and a Daily Dairy Report (DDR) was recorded. Petitioner-defendant in his written statement has pleaded that the said agreement to sell was not lost, rather it was burnt by the plaintiff-respondent himself in the presence of sons of the petitioner. 3. It was the case of the plaintiff right from the beginning that agreement to sell was lost. The defendant has also pleaded that original agreement was burnt. From it, it is evident that original agreement to sell is not available. In that situation, the plaintiff has no option but to prove the same by leading secondary evidence. Whether due execution and sustainability of the agreement is ultimately proved or not is not a relevant circumstance to weigh at this juncture. The trial Judge has rightly allowed the application filed by the plaintiff-respondent to lead secondary evidence. 4. The present revision petition is devoid of merit and is hereby dismissed. (NAWAB SINGH) JUDGE 27.1.2010. som