Chimitiganti Rama Devi vs Allacheruvu Srinu
2023 Latest Caselaw 4375 AP

     THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU

             Civil Revision Petition No.2157 of 2023

ORDER:

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Proof of service filed vide USR No.95953 of 2023, the

tracking report shows that the notice was served on the

respondent No.1. None appears for respondent No.1. The

respondent Nos.2 & 3 are said to be not necessary parties.

2. Learned counsel for the petitioner advanced the

arguments and stated that the rejection of the application

by the trial Court is contrary to law. He pointed out that

the application was filed, at the stage of the evidence of the

defendant. He pointed that it is mentioned in the affidavit,

that the documents were misplaced earlier and were not

traced in time. This was overlooked by the Court. He also

argues that in the counter filed, the objection was

essentially taken on the inherent merits and the

admissibility of the documents by the plaintiff. Yet, he

submits that the lower Court rejected the application. He

also pointed out that in the judgment reported in Chowdary @ Rajesam vs. Ch. Lingaiah 1, the application

was filed after the evidence in the suit was closed. He refers

paragraph-18 of the reported judgment. Therefore, he

submits that the said judgment is not applicable. He also

relies upon the judgment of the Hon'ble Supreme Court of

India reported in Levaku Pedda Reddamma & ORS. Vs.

Gottumukkala Venkata Subbamma & Another 2. He

pointed out that the Hon'ble Supreme Court of India clearly

held that the High Court committed an error in rejecting

the documents even if there is delay.

3. The respondents did not appear before this court.

This Court is satisfied with the submissions and the recent

judgment of the Hon'ble Supreme Court of India on which

the learned counsel for the petitioner relies is also

applicable to the facts ahead.

4. Therefore, the Civil Revision Petition is allowed and

the impugned order dated 19.07.2023 is set aside. No

costs.

2019 (5) ALT 226 (T.S)

2022 LiveLaw (SC) 533

5. The trial Court is directed to proceed further. It is

made clear that this Court has not pronounced anything

on the merits or on the individual admissibility reliefs etc.

As a sequel, pending miscellaneous petitions, if any,

shall stand closed.

_______________________________ JUSTICE D.V.S.S.SOMAYAJULU

Date: 20.09.2023.

ANS/SNI

THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU

Civil Revision Petition No. 2157 of 2023

Dated: 20.09.2023 ANS/SNI