These writ petitions are filed under Article 227 of the Constitution of India seeking to quash the order dated 13.09.2019, passed by the Senior Civil Judge and JMFC, Byadagi in O.S.No.59/2016 on I.A.Nos.VIII and IX, vide Annexure-F.
2. The respondent-plaintiff has filed a suit for partition and separate possession. After service of notice, the petitioners-defendants filed written statement. During recording evidence, the respondent-plaintiff filed applications in I.A.No.VIII under Order VII Rule 14(3) read with Section 151 of CPC and I.A.No.IX under Order XVIII Rule 17 read with Section 151 of CPC praying for permission to produce some photo copies to the Court and to recall PW-1 for marking the photo copies as exhibits. The trial Court rightly given a finding at paragraph No.6, which reads as under:
6. It is true that without negatives the photos can not be admitted into the evidence. The marking of photos is different from admitting the photos into the evidence. Admissibility of photos without negatives in evidence would be different and getting marked those photos would be different. Mere marking of photos would not amount to admissibility in evidence. The photos which are being sought to be produced by the plaintiff may be marked subject to proof. Hence, it appears that the plaintiff may be permitted to get marked the photos subject to proof of the said photo copies as to their genuineness. Further, to get marked the photos, the recalling of PW-1 is necessary. Hence, IA No.8 seeking permission to produce photos, and IA No.9 for recall of PW1 are deserve to be allowed. It is very clear from the finding of the trial Court that mere marking of photo copies would not amount to admissibility in evidence. The Photos produced by the plaintiff may be marked subject to proof. There is no error in the order passed by the trial Court. Hence, the writ petitions are dismissed. Sd/- JUDGE Vnp*
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