THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CIVIL REVISION PETITION No.6273 of 2009 ORDER: This civil revision petition is directed against the order dated 17.09.2009 passed by the Principal Junior Civil Judge, Warangal in I.A.No.577 of 2009 in O.S.No.1421 of 2005, whereby the application filed by the petitioners under Section 65 of the Indian Evidence Act, 1872 (for short ‘the Act’), was dismissed. The brief facts are that the petitioners instituted the said suit for grant of permanent injunction. When the suit was coming up for petitioners’ evidence, the petitioners filed the said application to receive the certified copies of certain documents i.e., sale deeds, change of land use map and building application map filed by the respondents, as secondary evidence, stating that as the originals are in the custody of the respondents and Kakatiya Urban Development Authority, Warangal, they could not produce the originals. The learned Principal Junior Civil Judge, Warnagal dismissed the said application on the ground that before filing the same the petitioners have not complied with the provisions of Section 66 of the Act. Hence, this revision petition. Heard. Apparently, if any person wants to rely on certain documents as secondary evidence, issuance of notice under Section 66 of the Act is mandatory. From the material available on record, it is clear that before filing the said application, the petitioners have not issued the notice under Section 66 of the Act, as such, the Court below justified in refusing to entertain the said application. Therefore, I see no merits in this revision petition. However, liberty is granted to the petitioners to comply with the provisions under Section 66 of the Act, and thereafter, he can file an application for receiving the documents as secondary evidence, in which event, the Court below may consider the same and pass appropriate orders in accordance with law. With the above observation, the Civil Revision Petition is disposed of. There shall be no order as to costs. ________________________________ GOPALA KRISHNA TAMADA,J Date: 10.12.2010 va