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1998 Supreme(AP) 331

BILAL NAZKI
JAMMALA RAMULU – Appellant
Versus
JAMMALA RAJAIAH (PLAINTIFFS) – Respondent


BILAL NAZKI, J.

( 1 ) THE respondents filed a suit being O. S. No. 31 /91 on the file of District munsif, Medchal, Rangareddy district against the lather of the present petitioner namely late J. Pentaiah. The suit was decreed on 2nd March, 1995. When the suit was decreed the defendant i. e. , late J. Pentaiah was alive and he filed an appeal being A. S. No. 28 of 1995 before II Additional District Judge, rangareddy district at Saroornagar. The appellant Sri Pentaiah died on 1st march, 1997. The present petitioner became party to the appeal as legal heir of late Sri J. Pentaiah. He moved an application before the appellate Court in October, 1997 praying that an agreement executed between the parties to the suit dated 28th January, 1990 be received as additional evidence. The application has been rejected by the appellate Court. Hence this revision.

( 2 ) THE suit had been filed in the year 1991, it was decreed on 2nd March,1995 and an application for receiving the additional evidence was made only in October, 1997. In para-4 of the application moved before the appellate Court the petitioner stated that, it was because of oversight that the agreement of january, 1990 was not produced



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