THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY
C.R.P.Nos.297, 301 and 340 of 2021
COMMON ORDER:
These three Civil Revision Petitions are filed against the
orders dated 05.01.2021, passed by the learned Senior Civil Judge,
Narayanpet, in I.A.No.391 of 2019 in O.S.No.79 of 2012,
I.A.No.392/A of 2019 in O.S.No.79 of 2012, and I.A.No.392 of 2019 in
O.S.No.79 of 2012, respectively.
The petitioners/plaintiffs filed the suit against the
respondent/defendant seeking perpetual injunction. Pending the
said suit, the respondent/defendant filed I.A.No.391 of 2019 under Order XVIII Rule 17 r/w Section 151 C.P.C. to recall the chief examination of DW1 for the purpose of marking judgment copy passed in O.S.No.23 of 2013, dated 12.07.2019; I.A.No.392 of 2019 under Section 151 C.P.C to reopen the case for further chief examination of the defendant for marking judgment copy passed in O.S.No.23 of 2013, dated 12.07.2019; and I.A.No.392/A of 2019 under Order VIII 1A [3] r/w Section 151 C.P.C to receive the certified copy of the judgment passed in O.S.No.23 of 2013, dated 12.07.2019. The Court below, after hearing both sides and perusing the record, by the impugned orders dated 05.01.2021, has allowed the said Interlocutory Applications.
Heard Sri Mohd. Adnan, the learned counsel for the petitioners/plaintiffs and Sri Bajrang Singh Thakur, the learned counsel for the respondent/defendant. Perused the record. 2
A perusal of the impugned orders shows that the Court below, while allowing the Interlocutory Applications, has observed that mere marking of document is not proof of its contents, and the burden of proving the contents of the document lies on the party seeking to mark the document and that the document received does not cause any prejudice to the other side and they reserved their right to cross examine the witnesses about the said document.
Admittedly, the document, if any, received by the Court below shall always be subject to proof and relevancy. Even if the document is taken on record and marked as evidence, the petitioners have the opportunity to cross-examine the recalled witness with regard to the relevancy of the said document to the present suit. Even otherwise, the petitioners have ample opportunity to raise all contentions with regard to the relevancy or otherwise of the said document during the course of arguments. As no prejudice would be caused to the petitioners by merely receiving and marking of the documents, the discretion exercised by the Court below cannot be said to be contrary to law or perverse, and therefore, I do not find any reason to interfere with the impugned orders.
The Civil Revision Petitions are, accordingly, dismissed. The miscellaneous petitions pending, if any, shall also stand dismissed. There shall be no order as to costs.
________________________ A.ABHISHEK REDDY, J Date: 29.06.2021 va