Patlolla Rachappa vs Rachi Reddy Pratap Reddy
2023 Latest Caselaw 1649 Tel

     HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA

         CIVIL REVISION PETITION No.1212 of 2023

ORDER:

Heard Sri G.Eshwar, learned counsel, who argued on

behalf of Sri G.Kiran Kumar, learned counsel on record for

the petitioner. In the light of the limited issue involved,

issuance of notice to the respondent is felt not required.

2. This Civil Revision Petition is filed seeking the court to

set aside the order of the Court of Junior Civil Judge,

Zaheerabad in CFR.No.1557 of 2023 in O.S.No.101 of 2015,

dated 11.4.2023.

3. A perusal of the material available on record reveals

that the petitioner, who is the defendant to the suit in

O.S.No.101 of 2015 which is pending before the Court of

Junior Civil Judge, Zaheerabad, moved an application under

Order XVIII Rule 17 C.P.C., seeking the court to re-open the

said suit for the purpose of adducing his further evidence.

The said application was returned on the ground that notice

to the respondent/plaintiff was not issued. The second

objection taken is that the matter is posted for judgment.

Dr CSL, J CRP.No.1212 of 2023

4. Learned counsel for the petitioner states that the

petitioner has got sufficient material to adduce his further

evidence and therefore, the trial court ought to have given

just opportunity to the petitioner to adduce such evidence.

Learned counsel also submits that at least notice might have

been ordered to the respondent/plaintiff and the petition

might not have been returned.

5. Having considered the submission thus made, which

appears justifiable, this Civil Revision Petition is allowed. The

Court of Junior Civil Judge, Zaheerabad, is directed to

entertain the application filed by the petitioner vide

CFR.No.1557 of 2023 in O.S.No.101 of 2015, in case, the

said application is represented after issuing notice to the

respondent/plaintiff. However, the trial court is directed to

dispose of the said interlocutory application basing on its

own merits. None of the observations made in this order shall

be taken into consideration while disposing of the said

application.

6. Learned counsel for the petitioner states that the

matter is listed before the trial court on this day for

judgment. In case, no judgment is pronounced till forenoon

Dr CSL, J CRP.No.1212 of 2023

(i.e., till 2 pm), the trial court is directed to dispose of the

aforesaid interlocutory application on merits before

pronouncing the judgment. In case, the judgment is

pronounced, the present Civil Revision Petition would

automatically stands dismissed.

7. As a sequel, Miscellaneous Petition pending, if any,

shall stand closed.

________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA

17.4.2023 Note:

Issue CC today.

B/o dr