Telangana High Court
Smt. Reshma Begum vs Shaik Kaleem Ahmed on 15 November, 2022
Bench: P.Sree Sudha
THE HONOURABLE SMT. JUSTICE P.SREE SUDHA
CIVIL REVISION PETITION No.2148 of 2022
ORDER:
This Civil Revision Petition is filed against the orders of
the trial Court in I.A.No.61 of 2022 in O.S.No.240 of 2014 dated
02.09.2022.
2. O.S.No.240 of 2014 is filed for declaration to declare the
agreement dated 22.08.2013 as void and also to declare the
registered sale deed bearing document No.5117/2013 dated
22.08.2013 as null and void and for perpetual injunction.
During the pendency of the suit, I.A.No.61 of 2022 is filed by the
plaintiff in the suit. She was examined as P.W.1 and her case is
posted for further evidence on 21.10.2021. She brought her
husband as one of the attester to the agreement dated
22.08.2013. As he was not feeling well and was unable to move
from the bed due to ill health, she could not examine him. In
the meanwhile, Court closed her evidence. She requested the
Court to re-open the evidence and she filed the said application
on 23.08.2022.
3. In the counter filed by the respondents they contended
that petitioner filed suit for cancellation of registered sale deed
bearing document No.5117 of 2013 in favour of defendant No.2,
basing on the agreement executed by himself and the petitioner,
in fact no agreement was executed. The petitioner created a
document dated 22.08.2013. The case was posted on
21.10.2022 for further evidence. But, she could not examine her
husband on 21.10.2021 on the ground that he was ill. Later,
several adjournments were given. As the plaintiff did not take
any steps for further evidence, it is rightly closed by the trial
Court. The proposed witness is no other than her husband, as
she already gave her evidence, the evidence of her husband is
not necessary under Section 120 of Evidence Act. She filed this
application only to drag on the matter and requested the Court
to dismiss the petition.
4. The trial Court after hearing arguments of both sides
observed that the matter is pertaining to the year 2014. The
plaintiff has filed her chief affidavit on 29.09.2016 and she
could not adduce further evidence till 22.10.2021 and hence her
evidence was closed. She filed application to re-open her
evidence on 23.08.2022 with a delay of about 10 months after
closing of the evidence by contending that her husband was not
well, but she has not filed any medical record and not stated
details of the disease with which he was suffering from. As
several adjournments were already granted, the said application
filed for re-opening of her evidence was dismissed on
02.09.2022. Aggrieved by the said order, she preferred this Civil
Revision Petition and contended that the trial Court without
considering the rights of the parties and without giving
opportunity to her to adduce the evidence dismissed the
application. Therefore, requested the Court to set aside the
order of the trial Court.
5. In the counter affidavit filed by the respondents counsel,
they stated that the evidence of the defendants was also closed.
Now, she came up only to cover up the latches. As such, the
application filed by her is not permissible. Suit was posted for
hearing on 19.09.2022 and then to 21.09.2022. Interim order
was granted on 28.09.2022 and adjourned to 17.10.2022. After
completion of the arguments of respondents on 21.10.2022,
copy of the stay was filed before this Court and hence adjourned
to 04.11.2022. The counsel for the respondents also gave the
details of the adjournments given in the trial Court which reads
as follows:
Sl.No. Dates Events
1. 18.9.2014 O.S.No.240/2014 was filed by the
petitioner/plaintiff for seeking declaration
of agreement of sale dated 22.08.2013
and consequently, to cancel the
registered documents.
2. 29.9.2016 Chief Affidavit of the petitioner filed
enclosed in the CRP in Page No.32
3. 07.02.2020 Cross examination was conducted
against the petitioner depositions
enclosed in the CRP Sl.No.34
4. 07.01.2022 D.W.1 Chief affidavit filed Deposition
enclosed in CRP Sl.No.36
5. 05.07.2020 Cross examination was conducted
against the D.W.1 in material papers
Page No.39
6. 26.07.2022 D.W.2 Chief examination affidavit filed
material papers Page No.42.
7. 06.09.2022 Cross examination was conducted on
D.W.2 material papers Page No.45
8. 22.08.2013 D.W.2 purchased the subject house plots
on 22.08.2013, material papers page
no.49
9. 19.09.2022 Suit was posted for hearing and
adjourned on 21-09-2022 for hearing.
10. 21.09.2022 Again adjourned to 28.09.2022 for
hearing.
11. 28.09.2022 Again adjourned to 17.10.2022 for
hearing.
12. 17.10.2022 Again adjourned to 21.10.2022 for
hearing.
13. 21.10.2022 Again adjourned to 04.11.2022 for
hearing.
5. Admittedly, the plaintiff in the suit was examined herself
as P.W.1 and she could not examine her husband. As such, her
evidence was closed and the evidence of D.W.1 and D.W.2 was
also recorded when the matter was posted for
hearing/arguments. Now, she came up with this petition for
re-opening of the evidence of the plaintiff and to examine her
husband. She also relied upon the Judgment passed by the
Patna High Court in the case of Bajrang Rai and others Vs.
Ismail Mian and others 1in which, guidelines for exercising
inherent powers were given in detail. Though, the appellant
stated that her husband is not doing well, as such she could not
examine him, she has not filed any medical record and she has
not adduced his evidence immediately. She kept quiet till
completion of the evidence of the defendants when the matter
was posted for hearing on 19.09.2022. She kept quiet for five
adjournments and came up with the application with delay of
10 months after closure of evidence and she has not stated any
reason for the delay. As such, the trial Court rightly dismissed
the application. The plaintiff could not take advantage of her
mistake for invoking the inherent powers of the Court.
AIR 1978 PATNA 339
Therefore, this revision petition is devoid of merits and is
dismissed.
6. In the result, this Civil Revision Petition is dismissed
confirming the order of the trial Court in I.A.No.61 of 2022 in
O.S.No.240 of 2014 dated 02.09.2022.
Miscellaneous petitions pending, if any, shall stand
closed.
_________________________
JUSTICE P.SREE SUDHA
DATED: 15.11.2022
tri
THE HONOURABLE SMT. JUSTICE P.SREE SUDHA
CIVIL REVISION PETITION No.2148 of 2022
DATED: 15.11.2022
TRI
