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LAXMI NARAYANA ALISHETTY
Haneefa Bee, W/o Late Maqbool Hussan – Appellant
Versus
Mohd. Nizam, S/o Mohd. Ismail – Respondent
ORDER:
Laxmi Narayana Alishetty, J.
This Civil Revision Petition is filed aggrieved by order dated 13.06.2022 passed by the I Additional Junior Civil Judge-cum-IX Additional Metropolitan Magistrate, Ranga Reddy District at Kukatpally, in unnumbered I.A.of 2022 in O.S.No.521 of 2008, whereby the petition filed by the petitioner under Rule 203-A of Civil Rules of Practice r/w Rule 151 of the Code of Civil Procedure to issue certified copy of the unmarked Agreement of sale dated 18.01.1997, vide CA.No.1447 of 2022 filed in the suit was dismissed.
2. The revision petitioner is the defendant and the respondent is the plaintiff in the suit.
3. The petitioner stated that she filed LGOP.No.821 of 2003 against the respondent seeking to declare him as a land grabber and to evict him from the scheduled property and the said case is pending. Subsequent to filing of the said LGOP, the respondent filed suit in OS.No.285 of 2004 for permanent injunction before the Additional Junior Civil Judge, Cyberabad, Kukatpally at Prasanthnagar and later, the suit was transferred to the Additional Junior Civil Judge, Ranga Reddy District at Kukatpally and renumbered as OS.No.521 of 2008, and eventually, the suit
Point of Law : Documents in original shall be produced as primary evidence as mandated under Section 64 of the Indian Evidence Act.
A photocopy of a document is inadmissible as secondary evidence if the original document is not duly stamped, per the Indian Stamp Act.
Point of law : Even a copy of the original document whether certified or not and whether a fascimile image or otherwise of the original is chargeable with duty of an amount which is indicated in Sche....
Only original documents can be validated under the Indian Stamp Act; photocopies cannot be validated or impounded, irrespective of secondary evidence provisions.
FSL, Hyderabad has to compare signatures sent by trial Court and give its opinion.
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