IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
C.V. BHASKAR REDDY, J.
Bhavsing (died per LRs) and others - Appellant
Versus
Namratha and others - Respondents
Civil Revision Petition Nos.1679, 3754 and 3843 of 2024
Decided on : 02-04-2025
| Table of Content |
|---|
| 1. overview of civil revision petitions and trial court's background. (Para 1 , 2) |
| 2. plaintiffs' claim regarding the land and application details. (Para 3) |
| 3. respondents' arguments regarding relevance of documents. (Para 4) |
| 4. court's examination of submissions and the record. (Para 5 , 6) |
| 5. legal provisions for document relevance and admissibility. (Para 7 , 8 , 9 , 10 , 11) |
| 6. court's discretion on document admissibility. (Para 12 , 13 , 14) |
| 7. final dismissal of civil revision petitions. (Para 15) |
ORDER :
C.V. BHASKAR REDDY, J.
These Civil Revision Petitions are filed under Article 227 of Constitution of India, challenging the orders dated 27.03.2024 passed in I.A.Nos.69, 70 and 71 of 2024 in O.S.No.19 of 2010 by the learned Senior Civil Judge, Vikarabad.
2. The brief facts of the case are that the petitioners/plaintiffs filed a suit vide O.S.No.19 of 2010 on the file of learned Senior Civil Judge, at Vikarabad, seeking declaration of title and consequential injunction against the respondents/defendants in respect of land admeasuring Ac.5-00 gts in Sy.No.237 situated at Pudur Village and Mandal, Ranga Reddy District (now Vikarabad District). While the said suit is at the stage of arguments, the petitioners/plaintiffs filed I.A.No.69 of 2024 under Order VII Rule 14(3) of CPC seeking to receive the documents i.e, certified copies of registered sale deeds bearing document Nos.2206/2019, 2648/2019 and 2649/2019, all dated 13.05.2019 on record; I.A.No.70 of 2024 under Section 151 of CPC seeking to reopen the evidence of PW.1 for further marking of documents and I.A.No.71 of 2024 to recall the evidence of PW.1 for further marking of documents. The trial Court vide separate orders dated 27.03.2024 dismissed the said applications. Challenging the same, the present revisions are filed.
3. The learned counsel for the petitioners has submitted that Sy.No.237 in Pudur Village, originally numbered as Sy.No.390 was a Government land admeasuring about Ac.40-00 gts and the same was assigned to about 8 individuals, wherein the petitioner No.1/plaintiff No.1 was assigned land to an extent of Ac.5.00 gts in Sy.No.390 (now Sy.No.237), vide Proceedings No. D1/309/62. It is stated that the Deputy Inspector of Survey and Land Records, Vikarabad, conducted survey of the said land and demarcated with specific boundaries on 17.11.2006. It is submitted that when the respondents/defendants tried to encroach the property belonging to the petitioners, under the guise of interim order passed in O.S.No.51 of 2007 for lands in Sy.Nos.235/1 and 235/2, the subject suit vide O.S.No.19 of 2010 was filed seeking declaration of title and consequential injunction. It is further submitted that the respondents/defendants filed written statement denying the averments of the plaint and claimed that the defendant Nos.1 and 2 were the owners of lands in Sy.Nos.235/1 and 235/2 which were assigned to them along with some other patta lands of the defendant No.3. Pending trial, the defendant No.3 sold lands in Sy.Nos.145, 235 and 236 under registered sale deeds wherein the southern portion of the property is shown as Sy.No.237. It is submitted that during the cross-examination of DW.1, when a suggestion was put to him with regard to execution of registered sale deeds vide document Nos.2206/2019, 2648/2019 and 2649/2019, all dated 13.05.2019 by his father, he denied the same and stated that he does not know whether Survey No.237 is situated at Pudur Village and he also does not know whether in the Sale Deed executed by defendant No.3 in favour of Nabeel Hussain in respect of land in Survey No.236, the Southern boundary is mentioned as land in Survey No.237. It is contended that the application filed by the petitioners seeking to receive certified copies of the said registered sale deeds, was erroneously dismissed by the trial Court on the ground that the said documents do not pertain to the suit property and that the defendant No.1 had pleaded ignorance of the said
The trial court has discretion to deny the introduction of documents not existing at the time of the suit and lacking relevance to current proceedings.
The court established that procedural delays should not prevent the introduction of relevant evidence, prioritizing substantial justice.
Documents must be relevant to the case and cannot be introduced at a belated stage without sufficient cause, as established in the context of civil procedure.
The court upheld the trial Court's dismissal of applications to introduce documents due to lack of valid grounds for delay, affirming the importance of timely evidence submission under procedural rul....
While exercising jurisdiction under Article 227 of the Constitution of India, the Court is not sitting as an appellate court over the orders passed by the subordinate courts.
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