BABULAL SHIVA SHANKAR Vs. PRAVEEN KUMAR AGARWAL

JUDGEMENT

(1.) The petitioners are the defendants in O.S.No.698 of 2001 on the file of the III Senior Civil Judge, City Civil Court, Secunderabad. The respondent filed it for the relief of eviction from the suit schedule property. Along with the suit, the respondent filed a xerox copy of the notice said to have been issued under Section 106 of the Transfer of Property Act. The trial of the suit commenced. The respondent sought to mark the copy of the notice said to have been served upon the petitioners. The petitioners raised an objection as to the admissibility of such document. Thereupon, the respondent filed I.A.No.1695 of 2004, under Section 65 of the Evidence Act (for short 'the Act') and sought permission of the trial Court to receive the copy of the notice, as secondary evidence. It was also pleaded that he proposes to examine the learned advocate, who issued the original of that notice, to the petitioners. The application was resisted by the petitioners on several grounds. Through its order, dated 2-3-2005, the trial Court allowed the I.A. Hence, this revision.

(2.) Sri Rupendra Mahendra, learned counsel for the petitioners, submits that the respondent did not take the necessary preparatory steps provided for under Section 65 of the Act, before he sought permission of the Court to lead secondary evidence. He submits that admittedly the document was a xerox copy and unless the necessary ingredients of Section 65 and 66 of the Act were complied with, permission ought not to have been granted by the trial Court.

(3.) Sri D. Madhava Rao, learned counsel for the respondent, on the other hand, submits that by its very nature, the office copy of a notice sent by an advocate is not required to be in a particular form and such a copy cannot be subjected to the same requirements, as the secondary evidence of other documents, is done. According to him, office copy of a notice can be in manuscript or photostat and that it is required to be signed by the counsel or the party.