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2012 Supreme(AP) 755

NOUSHAD ALI
Nyayapathi Srinivas Raghavan – Appellant
Versus
Burra Adinarayana Sastry – Respondent


Advocates Appeared:
For the Petitioners:Tarlada Raja Sekhar Rao, Advocate.
For the Respondent:A. Rama Rao, Advocate.

Judgment :

1) Heard Sri Tarlada Rajasekhar Rao, learned counsel for the petitioner and Sri A.Rama Rao, learned counsel for the Respondent.

2) This revision petition is directed against the order, dated 23-02-2010 in I.A.No.2180 of 2009 in O.S.No.29 of 2007 allowing the petition filed by the respondent/plaintiff under Order 7, Rule 14 (3) C.P.C.

3) The respondent herein filed O.S.No.29 of 2007 for specific performance against the petitioner herein. Approximately two years after the institution of the suit, the respondent-plaintiff filed the instant I.A. seeking leave of the Court under Order 7 Rule 14 (3) C.P.C. and to receive the documents enumerated in the petition with a prayer to condone the delay in filing the same. The petition was resisted by the petitioner-defendant inter alia on the ground that documents are sought to be filed in I.A. at a belated stage and the delay was not properly explained.

4) A perusal of the impugned order shows that the Court below allowed the petition by passing a cryptic order even without considering the objections.

The order is as follows:

"Heard. Petition is reopened. Counter is filed. Documents can be received as per Law. Hence, petition is allo






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