THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY C.R.P.NO.1632 OF 2011 DT: 11-11-2011 BETWEEN: SYED FAZIL @ BABU BAHI AND ANOTHER .. PETITIONERS AND SYED WAHEED AND ANOTHER .. RESPONDENTS THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY C.R.P.NO.1632 OF 2011 ORDER : This Civil Revision Petition is directed against the order dated 3.3.2011 passed in I.A.No.1221 of 2010 in O.S.No.4602 of 2008 on the file of VIII Junior Civil Judge, City Civil Court, Hyderabad, whereby and where under the learned Junior Civil Judge dismissed the application filed under section 65 of the Indian Evidence Act, 1872 r/w Sec.151 of CPC. The petitioners are defendants and whereas the respondents are plaintiffs in O.S.No.4602 of 2008. The petitioners filed I.A.No.1221 of 2010 to permit them to place on record certified copies of the sale deed Nos.1226 and 1228 of 1968 as secondary evidence. They stated in the affidavit filed in support of the petition that they misplaced the original sale deeds and despite their diligent efforts, they could not trace them. Para 3 of the affidavit filed in support of the said I.A. reads as under: “ 3. I submit that the original sale deeds were with me, but the same have been misplaced, could not be traced out, even search was made, as such the certified copies of the registered sale deeds have been filed, as such for ends of justice, I may be allowed to lead secondary evidence, to get the copies of the sale deed marked as exhibits.” The respondents/plaintiffs filed counter resisting the application. It is stated in the counter that the petitioners have not given cogent and convincing reasons for producing the secondary evidence. The learned Junior Civil Judge, on hearing the learned counsel appearing for the parties and upon considering the material brought on record proceeded to dismiss the petition on the ground that the petitioners have not offered sufficient reasons to permit them to produce secondary evidence with regard to sale deeds Nos.1226 and 1228 of 1968 and thereby proceeded to dismiss the petition. Hence, this revision. When this revision came up for admission, respondents appeared through a counsel. Heard learned counsel appearing for the petitioners and learned counsel for the respondents. Learned counsel appearing for the petitioners have stated in the affidavit filed in support of the petition that they misplaced the original registered sale deeds and they could not trace them despite their diligent efforts and therefore they sought to place on record the certified copies of the sale deeds as secondary evidence. A further submission has been made that the trial court without considering the explanation offered by the petitioners proceeded to dismiss the same and therefore the order impugned in the revision is liable to be set aside. Learned counsel appearing for the respondents supported the order impugned in the revision. I have gone through the order impugned in the revision. The learned trial Judge has quoted the decision of this Court in JALDA ANATHA v. RAJAH BOMMADEVARA[1] with regard to the requisite conditions to be set-out before permitting the parties to adduce secondary evidence. Having noted that judgment, the trial court missed to read para 3 of the affidavit filed in support of the petition, which is extracted above. The petitioners specifically pleaded in the affidavit that the original sale deeds have been misplaced and despite their diligent efforts they could not trace them and therefore they sought permission to file the certified copies of the documents for secondary evidence. It is not the case of the respondents that they are in possession of the original sale deeds in question. In that view of the matter, the order impugned in the revision cannot be sustained. Accordingly, this Civil Revision Petition is allowed setting aside the order impugned in this revision and consequently I.A.No.1221 of 2010 in O.S.No.4602 of 2008 on the file of VIII Junior Civil Judge, City Civil Court, Hyderabad stands allowed. Dated: 11.11.2011. ( B.SESHASAYANA REDDY, J ) tnb THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY C.R.P.NO.1632 OF 2011 DT: 11-11-2011 tnb [1] AIR 1958 AP 418