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J. SREENIVAS RAO
Chepyala Raju, S/o Late Chandraiah – Appellant
Versus
Chepyala Aruna, W/o. Late Chandraiah – Respondent
ORDER :
Petitioner/plaintiff filed this Civil Revision Petition, invoking the provisions of Article 227 of the Constitution of India, aggrieved by the order passed by the Senior Civil Judge, Jangoan in I.A.No.80 of 2020 in O.S.No.33 of 2014, dated 19.02.2020.
2. Heard Sri Jalli Kanakaiah, learned Senior counsel for the petitioner and R.K.Chitta, learned counsel for respondent No.2.
3. During the pendency of the revision petition respondent No.1 died and learned counsel for the petitioner as well as learned counsel appearing on behalf of respondents submits that except petitioner and respondent No.2 there are no other legal heirs.
4. BRIEF FACTS OF THE CASE:
4.1 Revision petitioner herein is plaintiff and respondents are defendants in suit O.S.No.33 of 2014. For the sake of convenience, the parties herein are referred to as they are arrayed in the Suit before the Court below.
4.2 Plaintiff filed the suit in O.S.No.33 of 2014 on the file of Senior Civil Judge, Jangaon, Warangal District seeking partition and separate possession of the suit schedule property on 01.05.2014, stating that the said property is joint family property and he is entitled share on par with defendants. Defendants hav
The court established that compliance with procedural rules regarding the introduction of evidence is essential, and failure to seek leave to file documents can result in their exclusion.
The court upheld the dismissal of a petition to introduce documents after cross-examination, emphasizing adherence to procedural rules under CPC.
The court established that procedural delays should not prevent the introduction of relevant evidence, prioritizing substantial justice.
The rejection of plaint is valid under mandatory provisions when the plaintiff fails to provide necessary documentation to support their claim for partition.
A plaint can be rejected under Order VII Rule 11 if it fails to disclose a cause of action, and the burden lies on the plaintiff to provide necessary documentation to substantiate claims, especially ....
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