THE HONOURABLE SRI JUSTICE RAJA ELANGO CIVIL REVISION PETITION No.3586 of 2011 ORDER: The present civil revision petition is filed by the petitioner aggrieved over the orders dated 01.08.2011 passed by the learned First Additional District Judge, Vizianagaram in I.A.No.1572 of 2011 O.S.No.5 of 2008, whereby the learned Judge allowed the petition permitting the defendants in the suit to mark the following documents: 1. Zerox copy of the Demand Draft. 2. Returned cover, which is admittedly opened by the defendants after return of the same. 3. Copy of the notice issued by the defendants to the plaintiff. The learned trial Judge allowed the petition permitting the defendants to mark all the above three documents. Against the said order, the present civil revision petition is preferred by the petitioner herein. The main contentions raised by the learned counsel for the petitioner herein are that the documents are secondary evidence in nature, hence they cannot be marked and further the defendants have every right to prove their case to call for the documents available in the bank and the covers which are already opened by the defendants in the suit, they can insert some other documents as they were sent by the petitioner herein. The learned trial Judge after hearing the arguments, passed a detailed order wherein he has rightly observed that the said documents can be received recording the objections by the petitioner herein and also he is of the opinion that the evidentiary value can be decided at the time of judgment. This Court is of the view that when a petition is filed seeking to call for the documents and to mark the same before the concerned Court, the duty casts upon the trial Court is whether the documents are relevant to prove the case of the person calling for those documents. Accordingly, the trial Judge decided that the documents are relevant to prove the case and at the same time, he has given opportunity to the petitioner to raise his objection and also it is stated in the order that the evidentiary value can be decided at the time of judgment. Accordingly, the trial Court is directed to receive the documents and at the time of marking the said documents, the petitioner is at liberty to raise his objection. The trial Judge also hereby directed to record the objection raised by the petitioner herein and decide the issue of admissibility of the said documents at the time of deciding the case. With the above observation, the civil revision petition is disposed of. No order as to costs. _____________________ JUSTICE RAJA ELANGO 9th December 2011 Rns