Evidence Act, 1872–Sec. 90–Application under–Dismissal of–Suit for specific performance of sale agreement–In the pleadings of suit, plaintiff nowhere pleaded that the witnesses of agreement have died–Application u/s. 90 was moved by them after the lapse of period of thirty years by adopting the negligent and derelictory tactics–Dates of death of witness were not mentioned in the application–Neither any explanation about non-production of scriber of agreement nor he was stated to be dead–Document in question is unregistered–Once the plaintiffs miserably failed to produce the evidence to prove the document, they cannot be allowed to take the advantage of their own negligence and derelictory tactics–Held, application was rightly dismissed.
