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2015 Supreme(AP) 57

A.RAMALINGESWARA RAO
G. Sudhaker Reddy – Appellant
Versus
M. Pullaiah – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:B. Venkat Rama Rao, Advocate.
For the Respondent:N. Ashok Kumar, Advocate.

Judgment

This Civil Revision Petition is directed against the order dated 02.12.2014 in O.S.No.94 of 2010 passed by the learned Junior Civil Judge, Ramannapet.

The petitioner is the defendant in the suit. The suit was filed for possession over the suit plot of an extent of 2281.5 square feet out of Survey No.122 of Chityal Village and Mandal in Nalgonda District. The issues in the suit were framed on 27.01.2014. The plaintiff filed an affidavit in lieu of chief examination on 19.03.2014. The plaintiff filed the documents on 30.04.2013. Out of the said documents, during the course of evidence of P.W.1, Exs.A6 to A10 were already marked. When the plaintiff sought to mark the memorandum of understanding dated 21.10.1980, which was shown at serial No.6 of the list of documents filed on 30.04.2013, the defendant raised an objection for marking the document stating that the same was not mentioned by the plaintiff in his plaint and he should not be permitted to mark the document without pleading the same in his plaint. The trial Court overruled the objection stating as follows:

“At the time of marking a document, the court will not go into the merits of the document, it is only concerned, as































































































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