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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
Bandi Anjaiah – Appellant
Versus
Bandi Laxmi – Respondent
ORDER :
LAXMI NARAYANA ALISHETTY, J.
This Civil Revision Petition is filed assailing the order dated 04.03.2024 in O.S.No.462 of 2019 passed by the learned Principal Junior Civil Judge, Medchal Malakajgiri District at Khushaiguda.
2. Heard B. Venkateswarlu, learned counsel for the petitioners. No representation on behalf of respondent, despite service of notice. Therefore, matter is disposed basing on the material available on record.
3. The petitioners herein are defendants and respondent herein is plaintiff before the trial Court. For convenience, the parties hereinafter are referred to as they are arrayed before the trial Court.
4. Brief facts of the case are that plaintiff filed O.S.No.462 of 2019 against the defendants seeking declaration and perpetual injunction in respect of suit schedule property. On service of summons, defendants entered appearance and filed written statement and when the matter was coming up for trial, plaintiff filed I.A.No.897 of 2023 under Order VII Rule 14 read with Section 151 of C.P.C., to receive photographs and C.D. and the said application was resisted by the defendants.
5. The trial Court allowed application vide order dated 17.10.2023, with an obse
The court upheld the trial Court's decision to admit photographs as evidence, stating the defendants can challenge their authenticity through cross-examination.
Secondary evidence under Sections 65-B and 65-C of the Indian Evidence Act requires proof of loss or unavailability of original documents; mere marking of documents does not equate to their proof.
Electronic records cannot be admitted into evidence unless the mandatory requirements of Section 65-B of the Evidence Act are satisfied, including obtaining a certificate in terms of Section 65-B(4) ....
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