THE HON’BLE SRI JUSTICE R. SUBHASH REDDY Civil Revision Petition No.4062 of 2011 ORDER: 1 This revision under Article 227 of the Constitution of India is filed by the defendants in O.S.No.170 of 2002 on the file of the Court of the II Additional Senior Civil Judge at Warangal. 2 By the impugned order, the application filed by the petitioners in I.A.No.520 of 2011 in the said suit under Section 65 of the Indian Evidence Act to permit them to lead secondary evidence by filing Photostat copy of the document dated 28.10.1987 is rejected. 3 In the suit it is the case of the petitioners/defendants that in the family partition effected between the brothers, which is reduced into writing by way of a document dated 28.10.1987, the suit schedule property has fallen to their share. It is stated that there was a subsequent family arrangement dated 12.02.1989 and their maternal uncle byname Appidi Mohan Reddy was the scribe of the said document. At that point of time, the original document dated 28.10.1987 was given to him but he has not returned it. On the aforesaid plea and on the ground that the original document was not available, the petitioners/defendants filed the present I.A.520 of 2011 to permit them to lead secondary evidence. 4 In this case, it is to be noticed that there is no reference to the earlier document dated 28.10.1987 in the written statement filed before the trial court. While it is true that there was also another document dated12.02.1989, which is filed in original, which merely refers to partition. But in that document also there is no specific reference to the earlier document dated 28.10.1987. In the absence of any such pleading in the written statement and in view of the reasons recorded by the trial court, I see no illegality or irregularity in the impugned order warranting interference from this Court. 5 For the aforesaid reasons, this revision is dismissed as devoid of any merit. No costs. ------------------------------- R.Subhash Reddy, J. 24.10.2011 Kvsn