Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B.S. BHANUMATHI, J.
Devara Narasinga Rao – Petitioner
Versus
Karri Amalavathi - Respondent
Civil Revision Petition No.3206 of 2019
Decided On : 03-01-2023
Civil Procedure Code,1908 - Section 151 - Order VIII Rule 1-A - Constitution of India,1950 - Article 227 - Execution of promissory note - Denying borrowable of amount - Suit promissory note - Recovery of Amount - Whether such proof is enough to dispel case of plaintiff or not is not consideration now at this juncture - Held, Even decision of Supreme Court relied on by respondent in case - It is categorically held that procedural aspects should not come in way of doing substantial justice - Same view is also adopted by this High Court in cases - keeping in view of decision of Supreme Court is of view that it is necessary to grant leave to revision petitioner to file documents in evidence - If documents are not allowed to be filed matter cannot be completely adjudicated on merits and on other hand - If documents are allowed to be filed no prejudice would be caused to plaintiff to establish case pleaded - Petition is Allowed.
ORDER :
1. This revision petition, under Article 227 of the Constitution of India, is preferred against the order, dated 18.09.2019, in I.A.No.295 of 2019 in O.S.No.194 of 2015 on the file of the Court of Principal Junior Civil Judge, Tuni, filed under Order VIII Rule 1-A read with Section 151 CPC to receive the petition list mentioned documents shown below:
| Sl.No. | Date | Description of document | Remarks | Exhibit |
| 1 | 30-5-2007 | Regd. Partition deed bearing document no.2378/2007 in which B-schedule property bearing D.No.50-85-4/1 is in the name of defendant | Notarized copy | B-1 |
| 2 |
| Property tax pass book with new asst. no.100003/60246 in the name of Defendant for the house constructed in Ex.B-1 | Notarized copy | B-2 |
| 3 | 15-4-2019 | Market value certificate for the property in Ex.B-1 & 2 | Certified copy | B-3 |
| 4 | 01-7-1999 | Regd. Sale deed bearing document No.2479/1999 for the house bearing D.No.55-7- 26 in the name of Defendant’s wife | Notarized copy | B-4 |
| 5 | 16-2-2019 | Regd. Settlement Deed bearing document No.1266/19 for the house bearing D.No.55-7-26 in the name of Defendant | Notarized copy | B-5 |
| 6 |
| Property tax pas book with asst. 44487 for the house bearing D.No.55-7-26 in the name of defendant’s wife for the house constructed in Ex.B3 | Notarized copy | B-6 |
| 7 | 15-4-2019 | Market value certificate for the property in Ex.B-4 & 5 | Certified copy | B-7 |
| 8 | 30-1-2010 | Regd. Partition deed bearing document No.658/2010 in which the B- Schedule property bearing D.No.50-90- 28 belongs to the defendant | Notarized copy | B-8 |
| 9 |
| Property tax pass book with new asst. No.100003 for the above property in the name of the Defendant | Notarized copy | B-9 |
| 10 | 15-4-2019 | Market value certificate for property in Ex.B-8 & B9 |
| B-10 |
| 11 | 27-4-1995 | Regd. Sale deed bearing Document No.1636/1995 for the Plot No.27 in the name of the defendant | Notarized copy | B-11 |
| 12 | 15-4-2019 | Market value certificate for property in Ex.B-11 | Certified copy | B-12 |
| 13 |
| Pattadar pass book bearing No.C-574420 for an extent of Ac.0.31 ¼ cents in the name of the Defendant | Notarized copy | B-13 |
| 14 |
| Title deed bearing No.C574420 for an extent of Ac.0.31 ¼ cents in the name of the Defendant | Notarized copy | B-14 |
| 15 | 15-4-2019 | Market Value certificates (2) for the property in Ex.B-13 & 14 | Certified copy | B-15 |
| 16 |
| I.D card of the Defendant’s son Appalaraju | Notarized copy | B-16 |
| 17 |
| I.D card of the defendant’s son Krishna | Notarized copy | B-17 |
| 18 |
| Andhra Bank’s pass book of the defendant bearing A/c No.103010011007072, Andhra Bank, Maharanipeta, Visakhapatnam showing bank transactions from September, 2011 to January, 2016. | Notarized copy | B-18 |
| 19 | 22-7-2015 | Reply notice given by the defendant’s counsel to the plaintiff’s counsel | Notarized copy | B-19 |
| 20 |
| Acknowledgment | Notarized copy | B-20 |
| 21 | 27-1-2015 | Decree in O.S.194/2012 on the file of VII Addl. Senior Civil Judge, Visakhapatnam | Certified copy | B-21 |
2. Heard Sri Ganduri Nageswara Rao, learned counsel appearing for the revision petitioner/defendant and Sri T.N.M.Ranga Rao, learned counsel appearing for the respondent/plaintiff.
3. The revision petitioner is the defendant and the respondent is the plaintiff. The suit is filed against the petitioner for recovery of money based on a promissory note. The defendant took the defence denying borrowal of amount and execution of the promissory note and further contended that the defendant need not borrow any amount from any third party, much less, the plaintiff. Therefore, the defendant proposed to file the above documents to prove the fact pleaded in the written statement that h
Timely submission of documents and the requirement for sufficient cause to be shown for their delayed filing are crucial principles in civil procedure.
The main legal point established in the judgment is that the court may not permit the filing of additional documents at a belated stage if it would only protract the case, as established by the princ....
Failure to provide valid reasons for not filing documents with the written statement may result in the Court refusing to grant leave to receive the documents at a later stage.
The court established that procedural delays should not prevent the introduction of relevant evidence, prioritizing substantial justice.
The defendant's failure to plead reliance on documents in a written statement precludes their admissibility, highlighting the importance of adhering to procedural rules under the Civil Procedure Code....
The court upheld the trial Court's dismissal of applications to introduce documents due to lack of valid grounds for delay, affirming the importance of timely evidence submission under procedural rul....
Court emphasized the importance of timely evidence submission in civil proceedings, stating that late applications require valid reasons, and upheld the trial court's decisions as free from jurisdict....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
