B.K.SOMASEKHARA
Kancherla Saradha Devi – Appellant
Versus
Saripella Sivaramaraju – Respondent
( 1 ) IN this revision petition the order of the learned Munsif Magistrate, Mummidivaram in l. A. No. 82/94 in O. S. 206/85 dated 2-3-1994 is challenge. Therein the learned Munsif allowed LA. 82/94 filed under Order. ,13, Rule 2 of the C. P. C. and accepted the documents produced by the defendants by condoning the delay in filing the same. The plaintiff is the revision petitioner. Respondents are the defendants.
( 2 ) IN l. A. 82/94, the defendants sought to produce a document said to be a Xerox copy of an agreement and while producing they explained the delay in producing the same. Defendants 1 to 4 and 6 are brothers while defendant No. 5 is their mother. Defendant No. 2 filed the affidavit in support of the application stating that certain documents were filed earlier, that their uncle one Sari-pella Surapa Raju was looking after the affairs after the death of their father and he was having the custody of all the documents, that he also suddenly died in January, 1992 and therefore, the original documents despite thorough search could not be found, that their advocate had some photostat copies of the documents and therefore, they obtained a photostat copy of
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