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2009 Supreme(AP) 102

RAMESH RANGANATHAN
Ravi Satish – Appellant
Versus
Edala Durga Prasad – Respondent


Advocates Appeared:
Mr. K. Chidambaram, Counsel for the Petitioner.
Mr. G. Vijaya Babu, Counsel for the Respondents.

ORDER

The question, which arises for consideration in all these five revision petitions, is whether the Court below is required, under Order VIII Rule 1-A(3) of the Code of Civil Procedure, to receive documents despite absence of cause being shown by the applicant.

2. It would suffice, for the purpose of disposal of these five revision petitions, if the facts in C.R.P. No. 712 of 2009 are noted. The respondent herein filed O.S. No. 687 of 2004 to set aside cancellation of the sale deed executed earlier. The petitioner herein i.e., the defendant in the suit, filed I.A.No. 1828 of 2008 requesting the Court below to receive certain documents which he had failed to file along with his written statement. The respondent herein opposed such a request contending that the petitioner herein had not given any cogent reasons for not filing the documents, which are filed now, at the appropriate stage and, therefore, the said application was not maintainable.

3. The Court below, in its order dated 17-11-2008, observed that the petitioner had not stated any reasons in his affidavit for not filing the documents, which he intended to file along with this application, at the time when he filed the writ










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