HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY CRP.No.3223 of 2014 Date:25.09.2014 Between:
Mohd. Layaq Ali, S/o Mohd. Yousuf Ali . Petitioner And:
Mohd. Vilayat Ali, S/o Yousuf Ali . Respondent Counsel for the petitioner: Sri R.Suresh Counsel for the respondent: ---
The Court made the following:
ORDER:
This Civil Revision Petition arises out of order, dated 01.09.2014, in I.A.No.167 of 2013 in O.S.No.257 of 2008 on the file of the learned Senior Civil Judge, Vikarabad, Ranga Reddy District.
I have heard Sri B.Suresh, learned counsel for the petitioner and perused the record.
The petitioner filed the above-mentioned suit for specific performance of agreement of sale. As the original agreement of sale was stated to have been lost, the petitioner sought to produce a photocopy of the purported agreement of sale as secondary evidence. Though the petitioner was not permitted to do so, with the intervention of this Court, the same was allowed to be marked. Not content with the same, the petitioner has filed I.A.No.167 of 2013 for sending the photocopy of the agreement of sale to hand-writing expert. This application was dismissed, and in my view rightly, by the lower Court because there is every possibility of photocopy not reflecting the original document in view of inherent possibility of distortions and concoctions in a photocopy. In rejecting the application, the lower Court has relied upon a judgment of this Court in Bheri Nageswara Rao Vs. Mavuri Veerabhadra Rao and
[1]
others .
On a careful consideration of the order of the lower Court, I do not find any jurisdictional error for interference by this Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India.
The Civil Revision Petition is, accordingly, dismissed.
As a sequel to dismissal of the Civil Revision Petition, CRPMP.No.4412 of 2014 is dismissed as infructuous.
25thSeptember, 2014 DR
[1] AIR 2006 AP (314)
JUSTICE C.V.NAGARJUNA
REDDY