The court ruled that all relevant documents should be allowed in evidence if the same reasons for delay apply, emphasizing that procedural rules should not obstruct justice.

Order :

(B.S. Bhanumathi, J.)

The Civil Revision Petition is filed under article 227 of Constitution of India against the order dated 10.09.2024, partly allowing I.A.No.87 of 2024 in OS.No.143 of 2018, on the file of Court of IV Additional District and Sessions Judge-cum-Family Court, Kurnool, filed by the plaintiffs under Order VII, rule 14 and Section 151 CPC , to condone the delay in filing the following four documents and receive them for the purpose of evidence on their behalf.

The list of documents are as follows:

"1. Hiba Dhruveekarana Patram (Hiba Declaration Deed) Dt.26-04-2016 in favour of Shamshad Ahmed Khaleel in respect of Plot No.10 & 14 in Sy.No.665 part & 666 part of Kallur village - Original

2. Hiba Dhruveekarana Patram (Hiba Declaration Deed) Dt.26-04-2016 in favour of Ayesha Khanam in respect of Plot No.37 & 38 in Sy. No.781/C1B of Kallur village -Original

3. Regd. Sale Deed No.2630/1974 Dt.08-05-1974 SRO Kumool executed by L. Mohammed Ibrahim in favor of Aktharunnisa Begum in respect of Plot No. 38 in Sy. No.781/C1B of Kallur village - Original

4. Regd. Gift Settlement Deed No.4144/1985 Dt.08-05- 1985 SRO Kurnool executed by L.Haji Mohammed Ibrahim in favor of Aktharunnisa Begum in respect of Plot No. 10, 3 & 14 in Sy.No.665 part & 666 part of Kallur village –Original"

2. The plaintiffs filed suit for declaration of their title and recovery of possession and consequential relief of cancellation of registered gift deed No.3983 of 2018 dated 28.03.2018, SRO, Kalluru, executed in favour of the defendant No.2, Sameena Azeem, as null and void.

3. The case of the plaintiffs is that on 04.06.2015, the defendant No.1 orally gifted the plaint scheduled properties to her daughters viz., the plaintiff No.1 and Smt. Shamshad Khaleel both of who accepted the gift and then on 26.04.2016, the defendant No.1 ratified the oral deeds by executing hiba declaration deeds basing on which the plaintiff No.1 executed a registered gift settlement deed No.7603 of 2016 in favour of the plaintiff No.2 and Smt.Shamshad Khaleel executed a registered gift settlement deed No.8071 of 2016 in favour of the plaintiff No.1. The plaintiff further pleaded that on 28.03.2018, from the defendant No.2 forcefully and illegally got executed the gift deed No.3983 of 2018 in her favour through the defendant No.1 in respect of the plaint scheduled properties and got advertised the properties for sale online in OLX platform, however, the plaintiff did not file the unregistered hiba documents dated 26.04.2016 or the registered sale deed and gift settlement deed dated 08.05.1974 and 08.05.1985 in favour of the defendant No.1, along with the plaint as they were misplaced, but, as they are important/crucial and relevant documents in support of the case of petitioners/plaintiffs, the above petition in I.A.No.87 of 2024 was filed.

4. The respondent No.1 died. The respondent No.4 remained ex-parte. The petition was opposed by filing separate counters of the respondent Nos.2 and 3 / defendant Nos.2 and 3.

5. The respondent No.2 contended that the documents were forged and fabricated since no oral gifts had been made by the respondent No.1 / defendant as alleged by the plaintiffs and that the petitioners suppressed the material facts and filed the petition after lapse of six years from filing of the suit.

6. The respondent No.3 filed counter supporting the petition.

7. After hearing both parties, the trial Court allowed the petition permitting the original registered documents shown at serial Nos.3 and 4, while dis-allowing documents at serial Nos.1 and 2 as they are unregistered documents and as the respondents totally denied their genuineness and also as they were filed six years after filing of the suit and after the death of defendant No.1.

8. Aggrieved by the order, this revision petition was filed by the petitioners / plaintiffs stating that the trial Court erred in considering and appreciating the aspects of admissibility and relevancy of the documents at the stage of