HON'BLE SRI JUSTICE K.SURENDER
CIVIL REVISION PETITION No.2121 OF 2022
ORDER:
1. This Civil Revision Petition is filed by the petitioner/plaintiff against the order dt.14.09.2022 in IA.No.725 of 2022 in OS.No.27 of 2015, wherein the trial Court allowed the said IA filed by the defendants under Order-VIII Rule-1 A(3) read with Section 151 of CPC to receive original Will Deeds dt.12.08.1984 and 15.05.2008 and to mark the same as exhibits on their behalf in the main suit.
2. Heard both sides and perused the record.
3. The defendants in the main suit filed photocopies of the will deeds executed by the father of the 1st defendant on 12.08.1984 and the mother on 15.05.2008. The defendants filed IA.No.921 of 2021 for leading secondary evidence which was dismissed by the trial Court. However, after the originals were found, the defendants filed application under Order-VIII, Rule-1A(3) read with 151 of CPC praying the Court to receive the original will deeds.
4. The learned District Judge by the impugned order allowed the said application aggrieved by which the present revision. 2
5. Learned Counsel for revision petitioner/plaintiff submits that the District Judge has committed error in permitting the will deeds to be brought on record as the said documents were placed on record though special leave was not granted. Earlier, the defendant had filed photocopies of the said documents and prayed for leading secondary evidence. The counsel further argued that the reason earlier given for filing photocopies was that that original sale deeds were in M.R.O's office, however, the present application is filed stating that the originals were traced in the trunk box in the house and documents have been brought on record.
6. He also relied upon the Judgments in Pallepati Narsaiah and others v. P.Satyanarayana1 in Managing Director, APSRTC, Hyderabad, Vijayawada, Krishna District others v. P.V.Surya Narayana2 and in Syed Wajidullah Husssaini and others v. Yousuf Begum and others3.
7. In the aforesaid Judgments relied upon by the petitioner this Court held that when no reasons are given in the affidavit of leave 1 2019 (5) ALD 411 (TS) 2 2017 (3) HLT 264 3 2017 (3) HLT 268 3 to file documents after the closure of evidence of plaintiff, would not be permissible.
8. On the other hand learned counsel for respondents/defendants submits that in the course of trial, the documents have already been marked and the present petition at this juncture cannot be entertained.
9. The case of the defendants is that there are two will deeds of which photocopies were already filed earlier before the Court. However, after the originals were traced, the defendants have filed the present application under Order-VIII, Rule 1 A (3) read with Section 151 of CPC praying the Court to receive. The defendants have throughout maintained that the two will deeds were executed and the originals could not found. For the said reason IAs were also filed to lead secondary evidence of will deeds. After will deeds were found, they were filed before the Court.
10. The learned District Judge having found that adequate reasons were given, permitted the documents to be brought on record and during the pendency of CRP, the documents were already filed. In the present facts of the case, no prejudice would be caused if the documents are brought on record. 4
11. In the Judgments relied upon by the learned counsel for the petitioner/plaintiff, there were no reasons assigned in the affidavits filed along with the IAs as to why the original documents were not filed earlier. However, in the present case, adequate reasons are given stating that the documents were missing and subsequently were found and filed before this Court.
12. For the aforesaid reasons, there are no grounds to interfere with the order of the learned District Judge.
13. Accordingly, the Civil Revision Petition is dismissed. No order as to costs.
As a sequel thereto, miscellaneous applications pending, if any, shall stand closed.
_________________ K.SURENDER, J Date: 27.10.2022 tk 5 HON'BLE SRI JUSTICE K.SURENDER CIVIL REVISION PETITION No.2121 OF 2022 Dated: 27.10.2022 tk