1 wp1104.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 1104 of 2010 Babu Govinda Gujar ... Petitioner v/s. Sunil Keshav Jadhav & ors. ... Respondents Mr. P.J. Thorat i/b. P.B. Gujar for the petitioner. CORAM:- B.R. GAVAI, J. DATED :- MARCH 11, 2011. P.C. Inspite of being duly served with notice for final disposal, none appears for the Respondents. The petitioner challenges the order dated 27th November, 2009 vide which the application filed by the present petitioner for leading secondary evidence came to be rejected. The Petitioner has filed the suit for declaration that he is owner of the suit property and for injunction restraining the defendants from interfering with his possession. 2. The suit is resisted by the defendants. In the said suit an application came to be filed contending therein that the original of the Sale Deed of the 2 wp1104.10.sxw suit property dated 3rd April, 1951 has been misplaced and, therefore, he should be permitted to produce the certified copy of said Sale Deed as a secondary evidence. Said Application is rejected. Hence, the present petition. 3. The learned Counsel for the petitioner submits that since the original Sale Deed cannot be produced, the learned trial Court ought to have permitted the certified copy of the Sale Deed to be produced as secondary evidence. 4. Section 65(c) of the Indian Evidence Act permits the secondary evidence to be given when the original has been destroyed or lost. Since it is the specific contention of the petitioner that original Sale Deed is lost, I find that learned trial Court ought to have permitted the petitioner to lead secondary evidence regarding existing condition and contents of the Sale Deed dated 3rd April, 1951. 5. In that view of the matter, impugned order dated 27th November, 2009 is quashed and set aside. The application of the present petitioner for permitting him to lead the secondary evidence in the nature of the certified 3 wp1104.10.sxw copy of Sale Deed dated 3rd April, 1951 is allowed. 6. Rule made absolute in the aforesaid terms with no order as to costs. (B.R. GAVAI, J)