CRP 313/2006 BEFORE THE HON’BLE MR JUSTICE H. N. SHARMA CRP No 313/ 2006 13.11.2006 BEFORE THE HON’BLE MR JUSTICE H N SARMA Heard Mr S Khan, learned counsel for the petitioner. The challenge made in this petition, filed under Article 227 of the Constitution of India, is the order dated 26.5.2006 by which the learned tri al Court kept in abeyance the proceeding of the suit until further order. The Cr iminal Revision is of the year 2005 and is pending disposal before this Court. T he defendants by filing application No 699 and 935 dated 8.5.2006 prayed for sta y of the proceeding of the suit so as to enable them to produce the original do cuments which are 28 in number filed in the Criminal Revision No 351 / 2005 pend ing before this Court. The learned trial Court considered it necessary that thos e documents are essential for just and proper adjudication of the case under the law. The learned counsel appearing for the plaintiff / petitioner submits that the defendants may be allowed to adduce secondary evidence instead of those 28 N os of documents what was rejected. Adducing of secondary evidence can be permitt ed only in the circumstances mentioned in Section 65 of the Evidence Act. On per usal of the materials the circumstances of the case I find that those do not att ract the provisions of Section 65 of the Evidence Act. in the instant case. Cons equently, in such a situation, the order passed by the learned trial Court cann ot be said to be unjustified requiring interference under Article 227 of the Con stitution of India. In view of the above discussions, I do not find any merit in thi s case, and hence, it stands rejected. It is observed, however, that the Registr y shall take steps for hearing of the Criminal Revision No 351 of 2005 to avoid further delay in disposal of the suit. Moreover, the M S No 4 / 99 pending in th e Court of Civil Judge(Sr Division), Nagaon, the petitioner may bring to the not ice of the Registry subject to the aforesaid order and directions, this revision petition stands dismissed. It will be also open for the petitioner to furnish a certified copy before the appropriate forum for doing the needful. JUDGE Dtg