NURUKURTHI SOLMAN RAJU Vs. NURUKURTHI VEERA LAKSHMI

JUDGEMENT

(1.) This Civil Revision Petition is filed under Article 227 of Constitution of India by the petitioner/plaintiff, challenging the order in I.A.No.180 of 2015 in O.S.No.231 of 2012 passed by the II Additional Senior Civil Judge, Kakinada, refusing permission to let in secondary evidence by order, dated 30-09-2015.

(2.) I.A. No.180 of 2015 is filed by the petitioner/plaintiff seeking permission under section 65 of Indian Evidence Act to permit him to adduce secondary evidence as the deed of dissolution, dated 26-05-1996 dissolving the marriage by customary divorce was misplaced and Photostat copy of deed was filed into the Court and requested to permit him to mark the same as secondary evidence but the trial Court dismissed the petition on the ground that producing Photostat copy of deed, dated 26-05-1996 is not sufficient and rejected the request.

(3.) Aggrieved by the order, the present revision is filed on various grounds mainly on the ground that when the original was not traced despite many efforts, the petitioner can be permitted to adduce secondary evidence and if he is not allowed to marke, it will cause serious prejudice to the petitioner and it is difficult for him to defend the suit and prayed to set aside the order passed by the trial Court while granting permission to let in secondary evidence.