KODALI RAVIKIRAN Vs. YALAMANCHILI SESHAMAMABA

JUDGEMENT

(1.) This application is filed by the Petitioner/Appellant/3rd Defendant Under Sec. 151 of Civil Procedure Code, 1908 (for short, 'C.P.C.,') seeking permission of this Court to receive the documents i.e., (1) a certified copy of the plaint in O.S.No.65 of 2004, (2) chief affidavits and (3) depositions of the plaintiff in O.S.No.65 of 2004 as PW.1.

(2.) As seen from the contents of the Petition, the Petitioner/Appellant/3rd Defendant contends that Plaintiff relied on a copy of the partnership deed (Ex.A.7) to prove that 1st Defendant is a partnership firm and Defendants 2 and 3 are the working partners. The said document Ex.A.7 is a copy obtained from another suit in O.S.No.65 of 2004 on the file of III Additional Senior Civil Judge Court, Vijayawada. Ex.A.7 is not compared with the original and to prove Ex.A.7 partnership deed is inadmissible. The Petitioner wants to adduce additional evidence.

(3.) Learned counsel for the Respondent/Plaintiff submits that the first time, Petitioner/3rd Defendant is objecting Ex.A.7, as the original partnership deed was with K.V.Apparao, copy of the original partnership deed was executed as secondary evidence as per order in O.S.No.65 of 2004 on the file of III Additional Senior Civil Judge, Vijayawada, in which the Defen dants were also parties. Now, at this stage, it is not open to the 3rd Defendant to question the admissibility of Ex.A.7.