AIR 2012 CHHATTISGARH 188 ::2012 (4) CgLJ 312

Chhattisgarh High Court

Hon'ble Judge(s): P. K. Mishra , J

Evidence Act (1 of 1872) , S.65— Specific Relief Act (47 of 1963) , S.34— Secondary evidence - Suit for declaration - Witness who was not party to suit was served with subpoena to appear in Court along with Rin Pustika - Witness did not produce Rin Pustika - Plaintiff filed for permission to lead evidence - Rin Pustika required to settle dispute between plaintiffs and defendants - Witness, even though not party to suit, being in possession of document could be treated as 'person legally bound to produce it' - Order allowing plaintiff to lead secondary evidence, proper. AIR 2007 SC 1721, Distg. (Para 8 9)