Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 15 Suit No. 621/23
Pardeep Jain Vs. Smita Aggarwal And Anr
24.04.2024
Present: Sh. Rachit Gupta & Sh. Vineet Tyagi, ld. Counsels
for plaintiff.
Defendant is already exparte vide order dated
07.08.2023.
Today matter is listed for ex-parte evidence.
However, an application under Sec.63/65/66 of Indian Evidence
Act alongwith list of witnesses and application for summoning
the witnesses as well as evidence by way of affidavit are
reported to have been filed on behalf of plaintiff on 21.02.2024.
At this stage, application under Sec. 63/65/66 of
Indian Evidence Act whereby the permission has been sought
for leading secondary evidence is taken up for consideration. It
is submitted by ld. Counsel for plaintiff that plaintiff seeks to
lead secondary evidence in respect of the agreement to sell dated
20.05.2022 & the receipt which are annexed as Annexure-P/2
and P-5 respectively alongwith the plaint on the ground that
same have been snatched by the defendant. It is further stated
by the plaintiff that he may be permitted to dispense with the
giving of notice in terms of the Sec.66 of the Indian Evidence
Act as the documents have been obtained by force from the
plaintiff.
Heard. Perused.
In view of the submissions and further, in view of
the fact that the documents are stated to have been obtained by
the defendant by force, this Court is of the opinion that notice
under Sec.66 of the Indian Evidence Act is not required to be
given as per Clause 3 of the proviso of the Sec.66 Indian
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Evidence Act. As such, for the grounds stated in the application,
same is hereby allowed. Plaintiff is allowed to lead secondary
evidence in respect of the said documents. The application
under Sec.63/65/66 of Indian Evidence Act stands disposed of
accordingly.
PW1 Sh. Pardeep Jain is present, tendered affidavit
of evidence and discharged.
At this stage, application for summoning the
witnesses is taken up for consideration.
Heard. Perused.
The witness from Delhi are allowed to be
summoned on diet money of Rs.500/- each to be paid at the spot.
Now to come up for remaining ex-parte PE on
09.07.2024.
(NEERAJ SHARMA)
District Judge-04, Central
Tis Hazari Courts, Delhi
24.04.2024
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