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2015 Supreme(AP) 150

B.SIVA SANKARA RAO
Bachu Laxmipathi – Appellant
Versus
Bachu Kistaiah – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:A. Ravinder Reddy, Advocate.
For the Respondents:M. Kotagiri Sreedhar, Advocate.

Judgment :-

1. The present revision is filed under Section 227 of the Constitution of India aggrieved by the order dated 25-09-2014 passed in I.A.No.810 of 2014 in O.S.No.10 of 2012 on the file of IX Additional District Judge at Kamareddy, wherein request to lead secondary evidence on family settlement-cum-partition deed by exhibiting photo copy of family settlement deed in evidence was dismissed.

2. Heard arguments of both sides at length in the earlier adjournment itself and there is no meaning in seeking further time by the Revision petitioner herein to submit any legal position, for not submitted having taken time. Perused the material on record. The impugned order passed by the lower Court in dismissing the petition to receive additional evidence under Order-8 Rule (1-A) C.P.C. (by recalling the first defendant) is on the ground that the so-called documents are nothing but Xerox copies besides one of initiation to receive the Xerox copies even as secondary evidence. The documents when require the stamp duty and also registration and in particular, one is claimed as partition document and from the very recitals in the document, it is clear that rights are created by virtue of te



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