HONOURABLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION No.90 of 2011 ORDER: This Civil Revision Petition is directed against the order, dated 16.12.2010, passed by the II Junior Civil Judge, City Civil Court, Hyderabad, dismissing the application in I.A.No.701 of 2010 in O.S.No.4748 of 2008, which was filed under Section 65 of Evidence Act praying to allow the petitioner to lead the secondary evidence in respect of certified copies of the documents viz., Endowment deed, Will deed, dated 16.12.1976. Heard learned counsel appearing for the petitioner- defendant No.3 and perused the relevant material papers on record. The said suit was filed for the relief of declaration of the plaintiff as the legal heir of the deceased Meer Diyanath Ali. The petitioner herein, who is the third defendant, denied the legal status of the plaintiff. While so, the petitioner herein filed the present application praying to allow him to lead the secondary evidence. In the impugned order, the trial Court recorded that the petitioner herein did not make any mention about the said documents in his written statement and thus, failed to lay foundation before admitting the secondary evidence and accordingly, dismissed the said application. As rightly observed by the trial Court, as per Section 65 of the Evidence Act, the petitioner has to lay foundation before the secondary evidence is being admitted on his behalf. In the instant case, the petitioner failed to lay such a foundation for allowing him to lead the secondary evidence. Even the trial Court recorded that there is no whisper about the same in the written statement filed on his behalf. Therefore, in that view of the matter, the Civil Revision Petition is devoid of merits and is, accordingly, dismissed. There shall be no order as to costs. ______________________________ JUSTICE GHULAM MOHAMMED​ 15th July 2011 DR