ACHUTYA SUBBA RAO Vs. MUKHTHIPUDI DEVASAHAYAM

JUDGEMENT

(1.) Petitioner filed O.S. No.6 of 2002 in the Court of theSenior Civil Judge, Darsi, against the respondent for recovery of certain amount on the strength of two promissory notes, dated 27/5/1996 and 28/12/1998. The defendant resisted the suit by filing written statement. He pleaded that the promissory notes relied upon by the petitioner are only renewals of earlier promissory notes, dated 14/8/1993 and 23/12/1995. Thetrial of the suit commenced.

(2.) The respondent issued a notice under Section 66 of the Indian Evidence Act, 1872 (for short "the Act") to the petitioner herein to produce the originals of the promissory notes, dated 14/8/1993 and 23/12/1995. Petitioner replied stating that the said promissory notes have been discharged and consequently delivered to the respondent himself.

(3.) After referring to the correspondence that ensued between himself and the petitioner herein, the respondent filed a Xerox copy of the two promissory notes, referred to above. The petitioner raised an objection, through a memo numbered as CFR No.820, as to the permissibility of receiving secondary evidence. Through its order, dated 30-4-2005, the trial Court overruled the objection. Hence, this Civil Revision Petition.