M/S Jayalakshmi Motors Propritrix Smt. S.Jaya Lakshmi Devi v. Bandarapu Sree Lakshmi,
THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO CIVIL REVISION PETITION No.3350 of 2015 ORDER:
The petitioners herein are the defendants in O.S.No.116 of 2012 on the file of Principal District Judge, Ongole. The respondent herein filed the said suit for recovery of an amount of Rs.11,25,440/- and to eject the 1st defendant from the plaint schedule property under due process of law and delivery of the said property to the General Power of Attorney of the plaintiff.
2. P.W.1 was examined on 30.07.2015 and was cross-examined on 07.08.2015. During the process of chief-examination, he marked Ex.A.1 to A.3, but, at the same time, on re-examination, the Court allowed marking of Ex.A.4 and defendants' crossexamined further on Ex.A.4. However, the present revision petition is filed challenging marking of Ex.A.4 on the ground that it is not an original document and no permission was obtained for marking of the said document as a secondary evidence.
3. Though the defendants' cross-examined in respect of the document-Ex.A.4, in view of objections raised by the petitioners in the present revision petition, this Court is constrained to demark Ex.A.4-Letter of Account executed by the 2nd defendant, but leaving it open to the plaintiff to take appropriate steps for marking of the document-Ex.A.4 by seeking permission of the Court.
4. Accordingly, the Civil Revision Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this revision petition shall stand closed.
________________________________ A. RAMALINGESWARA RAO, J DECEMBER 22, 2015 YVL THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO
CIVIL REVISION PETITION No.3350 of 2015 Date: 22.12.2015 YVL