M.R.SHIVARUDRAIAH Vs. RUDRAPPA

JUDGEMENT

(1.) Petitioners being 1st and 3rd defendants in a partition suit in O.S.No.1209/2009 are knocking at the doors of the writ court for assailing the order dated 17.01.2020 vide Annexure-K whereby the learned XXXVIII Addl. City Civil Judge, Bengaluru having overruled petitioners objection has marked a xerox/photostat copy of Deed of Co-ownership dated 15.05.1996 as Exhibit-345, in the cross- examination of the witness concerned; the contesting respondents having entered appearance through their counsel resist the writ petition making submission in support of the impugned order.

(2.) Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to grant indulgence in the matter as under and for the following reasons:

(3.) In the above circumstances, this Writ Petition succeeds; a writ of certiorari issues quashing the impugned order to the extent it marks in evidence the Xerox copy of the document in question; however, even now, it is open to the respondents to lay a fresh foundation as provided u/s 65 of the Indian Evidence Act, 1872, for producing the secondary evidence of the document in question.