M.NARAYANA REDDYDIED Vs. M. JANGA REDDY

JUDGEMENT

(1.) This revision under Article 227 of the Constitution of India is filed by the defendants 1 to 6 and 10 to 13 in O.S.No.51 of 2014 and petitioners in I.A.No.158 of 2016 and in I.A.No.299 of 2017, questioning the orders dtd. 15/12/2017 passed by the Senior Civil Judge, Shadnagar (which will hereinafter referred as trial Court) whereby the trial Court rejected the request of the petitioners to mark the document i.e., simple sale deed dtd. 2/4/1991 (unregistered sale deed) as exhibit on behalf of the defendants/petitioners.

(2.) The petitioners filed a petition under Sec. 151 of Code of Civil Procedure to adjudicate the objection raised by the respondents for marking the certified copy of the alleged private sale deed dtd. 2/4/1991 alleging that the petitioners and respondent No.1, in I.A.No.151 of 2016 and plaintiff No.1 filed suit and the respondent 1 to 6 therein, the petitioners therein have filed a petition under Sec. 65 of the Indian Evidence Act to permit them to lead secondary evidence i.e., the certified copy of the unregistered sale deed dtd. 2/4/1991 on the ground that the petitioner filed I.A.No.334 of 2010 to summon the file pertaining to file No.B/392/05 from the Tahsildar, Keshampet. On receipt of summons, the Tahsildar, Keshampet, addressed a letter to the trial Court dtd. 26/11/2014 informing that the file was not traced.

(3.) The petitioners 1 to 6 herein got the Xerox copy of the said sale deed certified by the office of Tahsildar and sought to mark the document in evidence. Later on the observation of the High Court in CRP No.4525 of 2015, they were given liberty to lead secondary evidence on the said document. The said petition was allowed by this Court on 25/7/2017, and thereby the respondents 1 to 6 therein are intending to get the said document marked as exhibit.