CHIKKA VEERASETTY Vs. NANJUNDACHARI AND

JUDGEMENT

(1.) This is a revision petition preferred by the petitioner-plaintiff against the order of the learned Munsiff of Dodballapur on I. A. No. II in Original Suit No. 108 of 1953, rejecting some uncertified copies of depositions as inadmissible in evidence.

(2.) The facts that have given rise to this petition are briefly as follows :

(3.) The suit in O.S. 108/53 referred to above is one for redemption of a mortgage effected by plaintiff's father in favour of 1st defendant's father under a registered mortgage deed of date 25-2-1886. The suit was filed if 4-4-1953, i.e. more than 60 years from the date of the mortgage deed. For purposes of limitation plaintiff relied on an admission alleged to have been made on 25-2-1897 by 1st defendant's father with respect to the suit mortgage in his deposition in C. C. 33 of 1896-97, on the file of the learned Amildar-Magistrate, Dodballapur. In support of it he produced a copy of his aforesaid deposition granted to him on 22-7-1897. The defendants look objection to the admission of the said copy on the ground that it was not a certified copy, and the learned Munsiff upheld that contention and disallowed the copies of deposition. As against that order, this revision petition is filed.