Kanaparthi Sydamma vs Chintalapati Saidaiah
2022 Latest Caselaw 5376 Tel

                 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.

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

2019 (5) ALD 411 (TS)

2017 (3) HLT 264

2017 (3) HLT 268

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.

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

HON'BLE SRI JUSTICE K.SURENDER

CIVIL REVISION PETITION No.2121 OF 2022

Dated: 27.10.2022

tk