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2023 Supreme(AP) 672

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B.S. Bhanumathi, J.
M.Vasantha Kumar – Petitioner
Versus
M.Gopi Stephen – Respondent
Civil Revision Petition No.472 of 2022
Decided On : 06-07-2023

Advocates:
Advocate Appeared:
For the Petitioner: G R Sudhakar
For the Respondent: A Chandraih Naidu

Headnote:

Order VII Rule 14 - Civil Injunction - Code of Civil Procedure, 1908 - [Order VII Rule 14] - The court discussed the provisions of Order VIII Rule 1A (3) CPC and the discretion of the court to grant leave to file a document subsequently to written statements. The court emphasized the need to find out the truth and not to shut the evidence on a technical approach. The revision petition was allowed, and the order dismissing the petition was set aside with the condition that the petitioner/1st defendant shall pay costs to the 1st respondent/plaintiff.

Fact of the Case:

The plaintiff filed a suit against the defendants for permanent injunction restraining the defendants from making any illegal attacks on the administration over the plaint schedule church or on the plaintiff, who claimed to have been discharging his duties as a God servant (Pastor) of the plaint schedule church.

Finding of the Court:

The court allowed the revision petition, setting aside the order dismissing the petition and granting permission to file the documents with the condition of paying costs to the 1st respondent/plaintiff.

Issues: The main issue was the admissibility of documents filed by the petitioner/1st defendant at a belated stage and the discretion of the court to grant leave to file a document subsequently to written statements.

Ratio Decidendi: The court emphasized the need to find out the truth and not to shut the evidence on a technical approach. It discussed the provisions of Order VIII Rule 1A (3) CPC and the discretion of the court to grant leave to file a document subsequently to written statements.

Final Decision: The revision petition was allowed, and the order dismissing the petition was set aside with the condition that the petitioner/1st defendant shall pay costs to the 1st respondent/plaintiff within 10 days from the date of the order.

ORDER :

This revision petition is filed under Article 227 of the Constitution of India, challenging the order dated 16.02.2022 dismissing the I.A. No.390 of 2021 in O.S. No.88 of 2018 on the file of the Court of the Junior Civil Judge, Guntakal, filed by the defendants 1 to 4 under Order VII Rule 14 of the Code of Civil Procedure, 1908, to receive the following list of documents.

Sl.No.

Date

Description

01.

--

Letters issued by the Kadapa Regional Head Office Hebeeron Church.

02.

--

Ten attested copies and petitioner’s requisition letter to the Secretary UCWF/Guntakal i.e. (Busthapana Register) from 2017 to 2020.

03.

12.08.2018

Seventeen requisition given by church devotes for Baptism and 1 Baptized copies

04.

--

Five marriage wedding cards issued to the petitioner by devotes (1st defendant preached word of God in the marriages)

2. The parties will hereinafter be referred to as they were arrayed in the suit.

3. The plaintiff filed a suit against the defendants for permanent injunction restraining the defendants from making any illegal attacks on the administration over the plaint schedule church or on the plaintiff, who claimed to have been discharging his duties as a God servant (Pastor) of the plaint schedule church. According to the plaintiff, he was appointed as a God servant (pastor) vide letter dated 29.06.2015 issued by the Chairman of Indigenous Churches of India Trust, Hyderabad, by confirming his earlier temporary appointment dated 07.07.2014 in the same capacity, however, the defendants have been interfering with his duties and further on 07.10.2018 also the 1st defendant, with the aid of defendants 2 to 4, once again tried to interfere with the administration and as such, a complaint was also lodged before the police.

4. The 1st defendant filed a written statement in the suit denying the averments in the plaint and stating that the 1st defendant has been serving as a God servant (Pastor) from the 1st week of June 2016 on his transfer from Pulivendula of Kadapa District vide letter dated 23.05.2016 and previously, he used to work as a Pastor in Rock Prayer House, Pulivendula of Kadapa District from 2013 to 2016 and on his transfer to the plaint schedule church, he handed over the charge to church elders-Brother Devadas and Brother Balreddy and subsequently, one Anandarao, who came from Kadiri to Pulivendula. The 1st defendant claimed that since his joining in the plaint schedule church, he has been rendering devotional services, prayers and meetings in the plaint schedule church peacefully without any objection or interruption from the elders or devotees and that at no point of time after the appointment of the 1st defendant, the plaintiff has come to the plaint schedule church. It is further pleaded that the Chairman, who issued confirmation letter dated 04.12.2018 was appointed as a Chairman by the majority of Trustees in its meetings held on 01.03.2018 and that the 1st defendant has been receiving honorarium from the church management since his joining in the plaint schedule church. But suppressing all the facts, the plaintiff filed the suit by fabricating the documents. It is further pleaded that the defendants 2 to 4 have been maintaining day to day ledgers regarding the financial activities and other activities of the church and the accounts also audited by the auditor.

5. Along with the written statement, the 1st defendant filed documents (1) letter dated 16.02.2013 issued by the Indigenous Churches in India Trust, Hyderabad, (2) letter dt. 23.05.2016 transfer from Pulivendula to Guntakal and (3) the confirmation letter dated 04.12.2018.

6. Thereafter at the stage of leading the defendants’ evidence, the present petition was filed to receive the documents filed along with the letters issued by Kadapa Regional Head Office, Hebeeron Church (Bee

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