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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA
Vangapalli Seetha Ramulu – Appellant
Versus
Anumandla Malla Reddy (Died) – Respondent
| Table of Content |
|---|
| 1. petition for secondary evidence introduction (Para 2 , 3 , 4) |
| 2. arguments in support of and opposition to petition (Para 5 , 6 , 7) |
| 3. inconsistencies regarding the lost document (Para 8 , 9 , 10) |
| 4. legal definition of 'instrument' under stamp act (Para 11 , 12) |
| 5. dismissal of civil revision petition (Para 13) |
ORDER :
SUREPALLI NANDA, J.
Heard Sri C.A.R.Seshagiri Rao, learned counsel appearing on behalf of the petitioner and Sri D.V.Chalapathi Rao, learned counsel appearing on behalf of respondents.
2. The petitioner filed the Civil Revision Petition seeking the prayer as under :
“….pleased to set aside the order in I.A.No.147 of 2024 in O. S No. 14 of 2010 dated 27.08.2024 on the file of the Junior Civil Judge-cum-Judicial Magistrate of First Class Thorrur by allowing the Petition and may further be pleased to pass …”
3. Petitioner in the present case is the plaintiff in Suit O.S.No. 14 of 2010 on the file of the Junior Civil Judge- cum-Judicial Magistrate of First Class, Thorrur. The Petitioner/ plaintiff herein filed I .A.No. 147 of 2024 in O.S.No. 14 of 2010 seeking prayer as under:-
“…to permit the petitioner to lead secondary evidence by producing a copy of the sim
A photocopy of a document is inadmissible as secondary evidence if the original document is not duly stamped, per the Indian Stamp Act.
Secondary evidence of agreements not duly stamped cannot be admitted in court unless the original instrument is produced and corrected as per legal requirements.
Only original documents can be validated under the Indian Stamp Act; photocopies are inadmissible for legal purposes, reinforcing established principles regarding document admissibility.
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.
Suit for declaration – Unregistered document -Secondary Evidence – Admissibility of - Secondary evidence is an evidence which may be given in the absence of that better evidence which law requires to....
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