Application for production of photocopies as Secondary Evidence

 

Application for production of photocopies as Secondary Evidence

 

In the name of ALLAH, the most beneficent, the most merciful

IN THE COURT OF MR. _____________, LERANED CIVIL

                               JUDGE, RAWALPINDI

 

                            _____________            Vs    _____________

                                     Suit for declaration

APPLICATION ON BEHALF OF DEFENDANTS NO: 2 TO 4 UNDER ARTICLE 74 OF QANUN-E-SHAHADAT ORDER 1984 READ WITH SECTION 151 OF CPC FOR PERMISSION OF SECONDARY EVIDENCE

 

Respectfully Sheweth:-

1.  That the above titled suit is pending before this Honourable court and fixed for evidence of defendants/applicants.

 

2.  That on the last date of hearing on 10-09-2022, the applicant appeared in person and on behalf of defendants No: 3 & 4 for tendering evidence. Since the applicant had photo copies of certain revenue documents, therefore it was requested for an opportunity to arrange for certified copies, to be tendered in documentary evidence. This Honourable court very graciously adjourned the case for today i.e 19-09-2022.

 

3.  That on adjournment of the case on previous date, the applicant on 12-09-2022 applied for certified copies of mutation No: _____year _____and mutation No: _____year _____. However, on 14-09-2022 the copying branch reported that the relevant record was burnt and therefore attested copies could not be provided. Besides, it was further directed to approach concerned Patwari but he was not having the record being very old one. Original copy of application forms and its report on back are attached.

 

4.  That since the original record has been burnt and not available with concerned patwari, therefore the applicant seeks permission of this Honourable court for submission of photo copies of above stated record as Secondary Evidence. It is pertinent to mention here that plaintiff has also tendered those mutations in his documentary evidence as “Mark-PB & Mark-PC”.

 

5.  That if the application in hand is not accepted and applicant/defendants No: 2 to 4 are not permitted to produce photo copies of mutations in secondary evidence, they shall suffer irreparable loss.

 

PRAYER

In view of above, it is respectfully prayed that application in hand may kindly be accepted in the interest of justice and applicants be allowed to produce copies of mutation No’s: _____& _____as secondary evidence.

 

 

 

……….Applicants/Defendants No: 2 to 4

                    Through