C.R. No. 119 of 2011 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 119 of 2011 (O&M) Date of Decision: January 17, 2011 Rajender Parsad and another …..Petitioners Vs. Market Committee (Agriculture) …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Pawan Gaur, Advocate, for the petitioner. -.- M.M.S. BEDI, J. (ORAL) Market Committee, Ballabgarh, defendant- respondent has filed an application under Section 65 of the Indian Evidence Act read with Section 151 CPC to enable it to lead secondary evidence regarding the original allotment file pertaining to the allotment of booth No.8, New Vegetable Market, Ballabgarh, on the ground that the same has been misplaced and was not traced despite best efforts made by the officials of the petitioner- defendant committee. The application was opposed on the C.R. No. 119 of 2011 (O&M) [2] ground that no evidence had been produced by the defendant- respondent for loss of the record. The trial Court has permitted the defendant- respondent to produce the secondary evidence observing that the documents have already been produced by the defendant in a case file titled Rajender Parsad and another Vs. Market Committee, Ballabgarh. The original record having been lost as such the defendant can be granted permission to lead secondary evidence. Through the instant revision petition, the order permitting the leading of secondary evidence has been challenged, mainly on the ground that there is no proof regarding the loss of the file. After considering the facts and circumstances of this case it appears that the application for production of secondary evidence has been allowed on the ground that the original file of the defendant- respondent has been lost. The Market Committee defendant/ respondent cannot be attributed any malafide for seeking permission to lead secondary evidence pertaining to the documents which documents stood already presented in a Court case file. No ground is made out for interference in the well reasoned order passed in the interest of justice. Dismissed. January 17, 2011 (M.M.S.BEDI) sanjay JUDGE