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RAVI NATH TILHARI
Guggilapu Surya Narayana – Appellant
Versus
Sureddy Kanaka Durga Venu – Respondent
| Table of Content |
|---|
| 1. factual basis of loan and suit details. (Para 2 , 3 , 4 , 6 , 7) |
| 2. documents sought by defendant. (Para 8 , 9) |
| 3. rejection of the application for documents. (Para 10 , 13) |
| 4. determination on documents' relevance. (Para 11 , 12) |
| 5. court's reasoning on procedural compliance. (Para 14 , 15 , 16 , 20) |
| 6. interpretation of order viii rule 1-a. (Para 19 , 22) |
| 7. supervisory jurisdiction of high court. (Para 23 , 25) |
| 8. final ruling of case. (Para 26 , 27) |
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 th
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 second opportunity to produce documents under Order VIII Rule 1A(3) is for those who have produced documents with the written statement and have accountable reasons for not producing certain docu....
The court established that procedural delays should not prevent the introduction of relevant evidence, prioritizing substantial justice.
The court reaffirmed that the discretion to allow late document production should prioritize substantial justice over procedural technicalities.
Procedural rules should not obstruct substantial justice; reasonable cause for non-disclosure of documents must be interpreted liberally to ensure fair adjudication.
(1) High Court has to exercise its supervisory powers sparingly and in appropriate cases to keep subordinate Courts in their authority. (2) Where a suit is based on documents, furnishing of copy of d....
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