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.

JUDGMENT :

Heard Sri Ch. Srinivas, learned Counsel for the petitioner appearing through virtual mode.

2. This civil revision petition under Article 227 of the Constitution of India has been filed by the petitioner challenging the order dated 01.08.2024, passed in OS No.334 of 2019 in the IA No.375 of 2024, passed by the VII Additional Civil Judge (Senior Division), Visakhapatnam dismissing the IA.

3. The petitioner is the defendant and respondent is the plaintiff in the suit.

4. The suit is filed by the plaintiff-respondent for recovery of a sum of Rs.2,71,700/- with subsequent interest @ 15% etc., based on the promissory notes.

5. Henceforth, the parties shall be referred as in the suit.

6. The plaintiff inter alia, pleaded that the defendant took loan from the plaintiff of Rs.10,00,000/- on 20.10.2016 for clearing sundry debts by depositing the original title deeds of his house and executed a demand promissory note agreeing to repay the same with interest @ 18%. Subsequently, he again borrowed an amount of Rs.3,50,000/- for other purposes and executed another demand promissory note agreeing to repay with interest @ 15%. The defendant's daughter requested the plaintiff to give the original title deeds of her father to enable them to sell away the house to the third party. So the plaintiff handed over the original deeds to the daughter. The defendant, however, failed to repay the amount either principal or interest. Hence, the suit was filed.

7. The defendant filed written statement, inter alia, denying the suit averments. He denied the borrowing of any amount, deposit of the title deed and also the execution of the promissory notes, which were said to be foisted and fabricated documents.

8. The defendant filed IA No.375 of 2024 under Order VIII Rule 1-A(3) read with Section 151 of CIVIL PROCEDURE CODE (for short, "the CPC") to grant leave to file the following documents to receive the same to mark as exhibits on his behalf.

9. In the affidavit, in support of IA No.375 of 2024, it was inter alia stated that in the year 2015, the daughter of the defendant availed the loan of Rs.5,00,000/- from Chukkala Ragavendra Rao, by mortgaging the house of the defendant through registered mortgage deed dated 22.04.2015. The defendant handed over the original sale deed to the mortgagee. On 14.09.2017, the mortgagee issued a legal notice to the defendant to discharge the mortgage debt, which the defendant got discharged through the registered redemption deed dated 23.01.2018. Later the daughter of the defendant took the original title deed, without the knowledge of the defendant and filed the suit for partition in OS No.182 of 2018 on the file of Civil Judge (Junior Division), Bheemili against the defendant, his son and brother, which was dismissed for default on 24.07.2019. The defendant further submitted that, in view thereof, there was no chance to deposit the title deed of the defendant with the plaintiff on