B. ASHOK AND ORS. Vs. G. BALAJI

JUDGEMENT

(1.) Heard Sri M. Mehdi Hussain, learned Counsel for the petitioners and Sri P. Sridhar Reddy, learned Counsel for the respondents. This revision petition is filed challenging the order dated 15.10.2014 in IA No. 282 of 2014 in OS No. 900 of 2011 of the I Senior Civil Judge, City Civil Court, Hyderabad, permitting the respondent to mark photo copies of three documents.

(2.) During the evidence of PW 1, the respondent sought to mark photo copies of documents alleging that original documents are in the custody and possession of the petitioners.

(3.) The Court below, by the impugned order, allowed the said application simply extracting Sec. 65 of the Indian Evidence Act, 1872 (for short 'the Act') and holding that the photo copies are admissible in evidence. No reference is made to Sec. 66 of the Act regarding the procedure laid down therein, to be followed by a party, who wishes to produce secondary evidence, alleging that the primary evidence is in the custody of the other side.