JANSIRANI Vs. G LOGANATHAN

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed by the petitioners, challenging the order dated 07.04.2005, made in I.A.No.173 of 2005 in O.S.No.182 of 2004, on the file of the learned I Additional District Judge(P.C.R), Tiruchirappalli.

(2.) BRIEF facts of the case are as follows:- The petitioners herein are the plaintiffs and the respondents herein are the defendants in O.S.No.182 of 2004, on the file of the learned I Additional District Judge (P.C.R), Tiruchirappalli. The said suit was filed for partition and separate possession and also for mean profits. During the pendency of the trial, the petitioners/plaintiffs have filed an application in I.A.No.173 of 2005, under Order 13 Rule 1 C.P.C., for reception of a photocopy of the partition deed dated 04.12.1998, said to have been entered into between one Govindaraju Pillai and others. The fourth petitioner has filed an affidavit in support of the said application, wherein he has stated that a partition was entered into during the lifetime of Govindaraju Pillai, which was reduced into writing and signed by all the parties. But the first defendant had retained the original with him. The fourth petitioner herein has further averred that the said document is a material documentary evidence to prove the facts and since she has got only a photocopy of the same, it should be admitted as secondary evidence on their part.

(3.) THE learned counsel for the petitioners would state that the said document is certainly admissible in evidence and the contrary order of the lower Court deserves to be set aside for the following reasons:-