MANJULA Vs. SHARDHA AND ANOTHER

JUDGEMENT

(1.) Through this revision petition, challenge has been made to the order dated 01.12.2014 (Annexure P.1) of the trial Court dismissing the application of the petitioner- defendant under Section 65 of the Indian Evidence Act (for short, 'the Act') seeking permission to prove exchange deed dated 30.09.1998 by way of secondary evidence.

(2.) In nutshell, respondent No.1 filed a suit against the appellant and her real sister to declare exchange deed dated 30.09.1998 and mutation thereof bearing No.20856 as illegal, null and void, inoperative, ineffective and had no binding effect upon her rights. When the turn of the appellant came for adducing her evidence in affirmative, the appellant moved an application (Annexure P.4) under Section 65 of the Act for grant her permission to prove the aforesaid exchange deed by way of secondary evidence.

(3.) On contest, the said application was dismissed by the trial Court vide impugned order Annexure P.1.