Parveen Kumar vs Sandeep Kumar
2022 Latest Caselaw 7592 P&H

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       In the High Court of Punjab and Haryana, at Chandigarh


                                                 Civil Revision No. 1945 of 2016

                                                   Date of Decision: 22.07.2022


Parveen Kumar
                                                                  ... Petitioner(s)

                                        Versus

Sandeep Kumar
                                                                ... Respondent(s)

CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:     Mr. Kunal Mulwani, Advocate
             for the petitioner(s).

             None for the respondent.

Anil Kshetarpal, J.

1. In a suit for recovery of the amount on the basis of a pronote

and receipt, an application for permission to lead the secondary evidence to

prove the photocopies of the documents has been allowed by the learned

trial Court. The defendant assails its correctness.

2. The learned counsel representing the petitioner contends that

without proving the existence of the documents and its loss, the secondary

evidence could not be led.

3. Recently, in a large number of judgments, the Supreme Court,

Bombay High Court and this Court have concluded that there is no necessity

of filing an application for seeking prior permission of the Court for leading

the secondary evidence.

4. Keeping in view the aforesaid facts, the present revision

petition is disposed of with the observation that the trial Court shall

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critically analyze the evidence led and thereafter, form an opinion, in

accordance with law.

(Anil Kshetarpal) Judge July 22, 2022 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No

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