Evidence Act, 1872–Sec. 65–Permission for adducing the secondary evidence–Justification–Plantiff had admitted that the original documents were lying in the record of other suit–Earlier, he had filed the application under Order 13, Rule 10 for summoning these documents from the Court at Mathura–When the documents in question are moveable and the same are within the reach of the plaintiff, then he cannot be allowed to lead the secondary evidence for these two documents–It is not the case of plaintiff that inspite of the best efforts, he is unable to produce the originals of both the documents and situation is beyond his control–He can avail the remedy under Order 13, Rule 9–Impugned order suffers from material irregularity and patent illegality–Set aside.
