TALABAKTULA LAXMI Vs. PUSAMUTTU MANJULA & ANOTHER

JUDGEMENT

(1.) This Civil Misc. Petition involves a challenge to the order dated 26.6.2014 passed by the Civil Judge (Sr.Divn.), Paralakhemundi in C.S. No.93/2011 appearing at Annexure-4.

(2.) Assailing the impugned order, Sri Das, learned counsel for the petitioner referring to the pleadings in paragraph-2 and paragraph-3 of the written statement submitted that the claim of the petitioner on the basis of a mortgage deed having been denied in the written statement further questioning the existence of such document by the defendants, it is claimed that the plaintiff had no other option than to introduce the secondary evidence by introducing the Xerox copy of the mortgage deed available with her.

(3.) Sri Mishra, learned counsel for the opposite parties referring to the averments made in the plaint and the denial of the defendants in paragraph-3 submitted that for the availability of the pleadings of the respective parties, the mortgage deed involving the suit taken help of in the suit is supposed to be available with the plaintiff and further in the event the mortgage deed was not available with the plaintiff, then procedure in leading secondary evidence should have been followed by at least making an application to the trial court for allowing him to have the scope of secondary evidence. It is under the above premises, learned counsel for the opposite parties prayed for dismissal of the Civil Misc. Petition for having no infirmity in the impugned order.