Karedla Parthasaradhi Vs Gangula Ramanamma (Died) and 5 Others

SMT. JUSTICE T. RAJANI

CIVIL REVISION PETITION No. 3060 OF 2016

ORDER:

This Civil Revision Petition is filed assailing the order dated 18.2.2016 by virtue of which the learned II Additional Senior Civil Judge, Vijayawada, allowed I.A.No.49 of 2016 in O.S.No.15 of 1985 filed by the thirty party/second respondent herein under Section 65(C) of CPC seeking to lead secondary evidence with regard to Will dated 2.1.1984.

Heard learned Counsel for the petitioner/Plaintiff. None appeared for the respondents/defendants despite service of notice.

Learned Counsel for the petitioner submits that even a copy of the Will, in respect of which secondary evidence is sought to be relied on, is not filed and hence, the impugned order needs to be set aside.

A perusal of the order would show that the very contention based on which permission is sought, is that the original Will was destroyed in the fire accident. Hence, permission is sought under Section 65(C) CPC to lead secondary evidence. In the circumstances, a copy of the said Will also could not be available. In the light of the said circumstances, the lower Court granted permission to lead secondary evidence in respect of Will dated 2.1.1984. Hence, the order under revision does not call for interference.

Miscellaneous petitions pending consideration if any in the Civil Revision Petition shall stand closed.

----------------------SMT T. RAJANI,J

DATED 2^nd AUGUST, 2019 Msnrx

Karedla Parthasaradhi v. Gangula Ramanamma (Died) and 5 Others