Pelluri Venkata Laxmi Kameshwara ... vs Pelluri Venkata Naga Srinivasa ...
2022 Latest Caselaw 4102 AP

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           THE HON'BLE SRI JUSTICE BATTU DEVANAND


             CIVIL REVISION PETITION NO.1286 of 2022


O R D E R:

This Civil Revision Petition is filed questioning the Order dated

27.06.2022 in I.A.No.15 of 2022 in O.S.No.411 of 2017 on the file of the

Principal Junior Civil Judge, Mangalagiri.

02. Heard Sri P. Madhusudhan, learned Counsel for the Petitioner and

perused the material available on record.

03. The Petitioner is the Plaintiff and the respondent is the Defendant in

O.S.No.411 of 2017 on the file of the Principal Junior Civil Judge,

Mangalagiri.

Facts:

04. The case of the petitioner is that he filed O.S.No.411 of 2017 on the

file of the Principal Junior Civil Judge, Mangalagiri, against the

respondent, who is his son, for cancellation of Gift Deed dated 06.12.2012

said to have been executed by him in favour of the defendant towards

security for the amount borrowed by the petitioner and for consequential

permanent injunction. To prove his case, he filed I.A.No.15 of 2022 to

receive the petition schedule documents as the documents are very much

necessary. There is no willful default or negligence on his part for not

filing those documents earlier. But, the trial Court, on erroneous

consideration of the facts, dismissed the said application.

05. The case of the Respondent is that the respondent is in possession

and enjoyment over the petition schedule property and the same was

confirmed by the Court in O.S.No.254 of 2015 and the petitioner had

preferred an Appeal No.30 of 2017 before the Senior Civil Judge,

Mangalagiri, against the said decree and judgment and the same was

dismissed by the Hon'ble Senior Civil Judge, Mangalagiri. Thereafter, the

petitioner filed O.S.No.411 of 2017 to harass the respondent.

06. It is the further case of the respondent that the trial Court on

considering the facts and circumstances of the case in a proper

perspective dismissed the petition filed by the petitioner. Challenging the

said Order, the petitioner filed the present Civil Revision Petition. As such,

the present Petition is liable to be dismissed.

Contentions of the Petitioner:-

07. Learned counsel for the petitioner submits that trial Court failed to

see that the petitioner had in fact mentioned in his pleading regarding the

alleged gift deed and sought for cancellation and therefore, the reasoning

of the trial Court that when there is no pleading, the present application

cannot be accepted is illegal. The trial Court grossly erred in dismissing

the application to receive additional documents solely on the ground that

these documents are 2021 and therefore, cannot be filed in 2022 is

absolutely untenable. The trial Court failed to see that though the

documents are of 2021, even while Covid-19 Pandamic situation, the

petitioner could not obtain the same, and hence, the nature of additional

documents will not alter the nature and character of the pleadings in the

suit and therefore, the trial Court ought to have allowed the said

application. The trial Court also failed to see that the suit itself is for

cancellation of Gift Deed, the additional documents, which are sought to

be filed, are just and necessary to be considered and the reasoning of the

trial Court in dismissing the application is without jurisdiction. Therefore,

he prayed to allow the present Civil Revision Petition.

08. Having heard the submissions of the petitioner's counsel and upon

perusal of the material available on record, it appears, the petitioner filed

I.A.No.15 of 2022 to receive the petition schedule documents. The trial

Court by Order dated 27.06.2022 dismissed the petition filed by the

Petitioner. The trial Court in its Order rightly held that as seen from the

plaint pleadings, there is no averment about the plaint schedule

documents. It is also rightly held that as there are no pleadings in the

plaint with regard to plaint schedule documents, adducing evidence

without any basis in the pleadings is impermissible. No acceptable reason

or cause shown by the petitioner as to why these documents were not

placed on record. The documents which are sought to be received were

secured during the year 2021 and that too pending the suit. Therefore,

the trial Court rightly held that the petitioner cannot be permitted to file

such application to fill up the lacunas in its pleadings and therefore this

Court is not inclined to allow the application.

09. Therefore, this Court do not find any irregularity or illegality in the

order passed by the trial Court in I.A.No.15 of 2022, dated 27.06.2022

and accordingly, this Court is not inclined to interfere into the Order

passed by the trail Court. Therefore, the present Civil Revision Petition is

liable to be dismissed.

10. Accordingly, this Civil Revision Petition is dismissed.

11. There shall be no order as to costs.

As a sequel, miscellaneous petitions, if any, pending in this case

shall stand closed.

______________________ JUSTICE BATTU DEVANAND Dt. 13.07.2022 eha

THE HON'BLE SRI JUSTICE BATTU DEVANAND

CIVIL REVISION PETITION NO.1286 of 2022

Dt. 13-07-2022

eha