what the appellants seek is to mark the document as the secondary evidence. Therefore, it is for the learned single Judge to decide on the proof, admissibility and relevancy at the relevant point of time. On a reading of Section 65 of the Indian Evidence Act, 1872, we are of the view that it is not axiomatic that no xerox copy would not be admitted in evidence in all circumstances. Section 65 of the said Act carves out an exception. The averments made by the appellants are not within the rigour of Section 65 of the Evidence Act. After all, what the appellants want is marking of the document. The decisions relied upon by the learned single Judge do not have an application to the case on hand. Accordingly, the order passed by the learned single Judge is set aside. Consequently, the original side appeal stands allowed and connected civil miscellaneous petitions are closed. No costs. However, we make it clear that this order will not stand in the way of the first respondent taking his defence including the proof, admissibility and relevancy of the document. Taking note of the fact that suit is pending from 2010, the learned Additional Master No.I is directed to complete the evidence within a period of six weeks from the date of receipt of a copy of this order. The Registry is directed to post the matter before the Additional Master No.I for recording evidence.
