IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NARSING RAO NANDIKONDA
Meena Devi – Appellant
Versus
K. Avinash Kumar Singh – Respondent
ORDER :
1. This Civil Revision Petition is filed by the petitioners/plaintiffs being aggrieved by the order dated 19.06.2025 in I.A.No.250 of 2025 in O.S.No.21 of 2022 passed by the learned Principal District & Sessions Judge, Kamareddy (for short the trial Court) in allowing the petition filed by the respondent Nos.1 and 2/defendant Nos.1 and 2 herein praying the trial Court to receive the photo copy/Xerox copy of the unregistered will deed dated 23.08.2020 and photo copy/Xerox copy of legal notice dated 13.12.2021 as secondary evidence under Section 60 (C) of the Bharatiya Sakshya Adhiniyam and acknowledgment of petition dated 15.03.2022 issued by Jukkal Police Station and crime petition acknowledgment No.KMRDYJKLKMRDY/150322/00035 issued by the Superintendent of Police, Kamareddy under order VII Rule 14(3) CPC. For the sake of convenience and clarity, the parties herein shall be referred to, as they are arrayed before the trial Court.
2. Heard Mr.Aadesh Varma, learned counsel for the revision petitioners and Mr.S.Srinivasa Chary, learned counsel for respondent Nos.1 and 2. Perused the record.
3. The brief facts of the case are that the revision petitioners are the plaintiffs before
The court clarified that receiving documents into record does not equate to their admissibility as evidence without strict compliance with statutory requirements.
Photocopies cannot be admitted as secondary evidence under Section 60(c) of the Bharatiya Sakshya Adhiniyam without satisfying strict legal requirements, including proof of loss of originals.
Secondary evidence may be admissible when the original document is lost or misplaced, provided sufficient justification for its non-production is established.
A document required to be registered is not admissible into evidence under Section 49 of Registration Act.
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