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2019 Supreme(Telangana) 247

M.S.RAMACHANDRA RAO
Abdul Rafi @ Abdul Rawoof, S/o. Abdul Rahman – Appellant
Versus
Venkataiah, died by L. Rs. – Respondent


Advocates Appeared:
For the Petitioner: Sri Karnam Ramesh
For the Respondent: Sri G.Narender Raj

Judgement Key Points

The legal document discusses the admissibility of a photocopy of an agreement of sale in a civil case. The court emphasized that objections to the receipt of such evidence must be raised at the appropriate stage and must be decided before the document is marked as an exhibit. In this case, the petitioner had raised objections to the admissibility of the photocopy, but the court below admitted it without resolving these objections, which was a procedural error.

The court clarified that under the relevant procedural rules, objections regarding the relevance or admissibility of documents should be considered and decided prior to marking the document as evidence. Since the objections were not addressed before the document was admitted, the subsequent marking and reliance on the photocopy were improper.

Furthermore, the court highlighted that the objections to the document's admissibility, especially when the authenticity or existence of the original is disputed, need to be established at the time of evidence submission. Failing to do so and proceeding to admit the photocopy without a proper ruling on the objections constitutes a breach of procedural fairness.

Based on these principles, the court found that the lower court erred in admitting the photocopy of the agreement of sale as evidence without first deciding on the objections raised by the petitioner. Consequently, the order permitting the photocopy to be received as evidence was set aside, and any evidence recorded after the improper admission was to be excluded. The evidence must be re-recorded afresh, excluding the improperly admitted document.


ORDER :

These two Revisions arise between the same parties out of the same suit and so they are being disposed of by this common order.

2. Petitioner is defendant in O.S.No.106 of 2008 on the file of the Junior Civil Judge at Narayanpet.

3. Respondent filed the suit against petitioner for recovery of possession of the suit schedule property, rectification of registered sale deed dt.03-08-2004 by deleting the word/figures ‘Sy.No.335’ and substituting the word/figures as ‘Sy.No.622’ therein. His plea is that in the regd. sale deed executed in his favor by the petitioner, the ‘Sy.No.622’ had to be mentioned and not ‘Sy.No.335’.

4. Written statement was filed by petitioner.

C.R.P.No.604 of 2019

5. I.A.No.92 of 2018 was filed by respondent seeking to mark photocopy of an agreement of sale dt.23-06-2004 allegedly executed by petitioner contending that prior to the execution of the registered sale deed dt.03-08-2004 in his favour (wherein survey number was incorrectly mentioned), there was an agreement of sale also executed by petitioner on 23-06-2004 mentioning the correct ‘Sy.No.622’ for the subject land; that the original of the said agreement of sale was with the petitioner; and so he may b

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