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2019 Supreme(Telangana) 181

M.S.RAMACHANDRA RAO
Pallepati Narasaiah – Appellant
Versus
P. Satyanarayana – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:M. Anand Kumar, Advocate.
For the Respondents: K. Jagadeshwar Reddy, ADV

JUDGMENT :

1. This Revision is filed under Article 227 of the Constitution of India challenging the order dt. 03.12.2018 in I.A.No.695 of 2018 in O.S.No.113 of 2013 on the file of the V Additional District Judge at Bhongir.

2. Petitioners are plaintiffs in the suit. They filed the said suit for partition and separate possession of the suit schedule property. After the evidence on the side of the petitioners was closed and at the time when defendants’/respondents’ evidence has commenced, the respondents filed I.A.No.695 of 2018 to receive certain documents invoking Order VIII Rule 1-A of the Code of Civil Procedure, 1908 (CPC).

3. In the affidavit filed in support of the said application, they did not give any reason why they could not file these documents along with the written statement. They merely stated that the case was posted on that date for their further evidence and they were filing these documents.

4. Petitioners opposed the said application stating that no reason is assigned as to why documents could not be filed earlier.

5. By order dated 03.12.2018, the Court below allowed the said application on payment of Rs.250/- in the following manner.

    “Heard both sides. Perused the rec

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