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2023 Supreme(AP) 1459

RAVI NATH TILHARI
Jatla Venkanna – Appellant
Versus
Keerthi Srinivasa Rao – Respondent


JUDGMENT

Ravi Nath Tilhari, J. - Heard Sri N. Satyanarayana, learned counsel for the petitioner and perused the material on record.

2. The petitioner is the defendant in O.S.No.187 of 2015 filed by the plaintiff/respondent, on the file of the VI Additional District Judge, Kakinada, for specific performance of contract.

3. In the said suit, the defendant at the time of cross examination of the plaintiff as PW 1, asked about the plaintiff's capacity and readiness to fulfill the specific performance, in particular, with respect to the capacity of the plaintiff to pay. The plaintiff therefore filed I.A.No.179 of 2023 along with documents i.e., salary certificates etc., with request to receive the same.

4. After contest, the said application has been allowed by the learned trial Court, vide the impugned order dated 23.03.2023.

5. The application was filed under Order VII Rule 14 (3) CPC.

6. Order VII Rule 14 CPC reads as under:

    '14 . Documents relied on in Plaint.- Production of document on which plaintiff sues or relies

    (1) Where a plaintiff sues upon a document or relies upon document in his possession or power in support of his claim, he shall enter such documents in a list, and shall produc

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