K. Kannan, J. - (1.) (Oral) - Both the revisions are connected and they are disposed of by a common order.
(2.) The petitioners have brought upon themselves an adverse order unnecessarily when the document ought to have been received without much fuss and should have only proceeded for consideration of whether it was genuine or not, a test which should have been undertaken at the time of cross-examination of the plaintiff. The document produced is a photocopy of a stamped document of family arrangement and purported to have been signed in original by all the parties. The defendants believed that this was secondary evidence and sought for permission. The court rejected the same.
(3.) The primary evidence is defined under Section 62 of the Evidence Act where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it. If a family arrangement is prepared and copies are made of the same, with all parties signing in the copies, each one must be taken as counterpart of the remaining. If all the parties have signed in each one of the counterparts, it will be taken as primary evidence against all the parties who have signed in each counterpart. By such a reckoning, it was not even a secondary evidence but it was a primary evidence of what it contained. The application was, therefore, unnecessary.;