Evidence Act, 1872–Sec. 63–Decree of suit–Justification–Original sale deed executed in favour of D was never brought on record–Rather, the photocopy of same was brought on record and signatures of the executant on the photocopy were identified by the defendant’s witness–It is not disputed that the original sale deed is with plaintiffs–Nothing has been surfaced as to what prevented the plaintiffs to bring the said original document on record–Vital question is involved that whether the transaction was sale or mortgage and D was competent to transfer the title in favour of plaintiffs–Secondary evidence could have been brought only if the circumstances mentioned permit secondary evidence u/s. 65 of the Act–Impugned judgment is set aside and Trial Court is directed to take the primary evidence and pass a fresh judgment.
