declaration to the effect that plaintiffs are owner to the extent of ½ shares in respect of land as described in the head note of the plaint and for further declaration to the effect that mutation No.8007 in respect of Khangi Takseem is wrong, illegal, null and void and is not binding upon the plaintiffs. An application under Section 65 of the Indian Evidence Act has been filed by the applicant/petitioner for leading secondary evidence. It is mentioned in the application that Khangi Takseem was executed between the parties and plaintiff admitted the said document on 28.08.2001 and mutation was also sanctioned on its basis. It was also produced before revenue officer but the Kanungo concerned gave the statement in the Court that the original Khangi Takseem cannot be produced not being in the file, which means that it has been lost, so he should be allowed to lead secondary evidence. Learned Civil Judge (Junior Division), Amritsar vide impugned order dated 16.02.2011 dismissed the application by stating that loss of Khangi Takseem has not been reported to the police authority nor any departmental proceedings have been initiated.
