2005 Supreme(AP) 685
L.NARASIMHA REDDY
Babulal Shiva Shankar – Appellant
Versus
Praveen Kumar Agarwal – Respondent
( 1 ) THE petitioners are the defendants in o. S. No. 698 of 2001 on the file of the iii Senior Civil Judge, City Civil Court, secunderabad. The respondent filed it for the relief of eviction from the suit schedule property. Along with the suit, the respondent filed a xerox copy of the notice said to have been issued under Section 106 of the Transfer of Property Act. The trial of the suit commenced. The respondent sought to mark the copy of the notice said to have been served upon the petitioners. The petitioners raised an objection as to the admissibility of such document. Thereupon, the respondent filed I. A. No. 1695 of 2004, under Section 65 of the Evidence Act (for short the Act ) and sought permission of the trial Court to receive the copy of the notice, as secondary evidence. It was also pleaded that he proposes to examine the learned advocate, who issued the original of that notice, to the petitioners. The application was resisted by the petitioners on several grounds. Through its order, dated 2-3-2005, the trial Court allowed the I. A. Hence, this revision.
( 2 ) SRI Rupendra Mahendra, learned counsel for the petitioners, submits that the respondent did not take the neces
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