G PARIMALA Vs. RAJESH BHATIA

JUDGEMENT

(1.) This Revision Petition is directed against the order dated 30-12-2002 in I.A.No. 1079 of 2002 in O.S.NO. 1930 of 2001 on the file of the Court of the VII Senior Civil Judge, City Civil Court, Hyderabad.

(2.) The Revision Petitioner is the defendant in the suit, who is aggrieved by the order permitting the plaintiff to mark a xerox copy of a document as secondary evidence.

(3.) The plaintiff/respondent herein filed the main suit for recovery of a sum of Rs. 2.00 lakhs alleged to be due from the defendant. The case of the plaintiff in the suit is that he was carrying on business along with the defendant, who is the proprietor of a firm. However, certain misunderstandings developed regarding the business transactions and the same were mutually settled between them in pursuance of which an undertaking dated 18-3-2001 was executed whereunder it was agreed that certain title deeds hypothecated by the plaintiff with Vijaya Bank in connection with the business shall be released and that in future the plaintiff is in no way concerned with the business of the defendant. The plaintiff claims that in pursuance of the said settlement he received two cheques for a sum of Rs. 2.00 lakhs each in full and final settlement of all his dues. However, one of the said cheques dated 30-9-2001 for Rs. 2.00 lakhs was dishonoured by the bank at the instance of the defendant to stop payment. The plaintiff issued a notice to the defendant and ultimately instituted the suit for recovery of the amount covered by the said cheque dated 30-9-2001 together with interest.