SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(AP) 16361

HIGH COURT OF ANDHRA PRADESH
Ravi Cheemalapati, J
Pothuri Srinivasa Raju – Appellant
Versus
Pothuri Hemanth Varma – Respondent
CIVIL REVISION PETITION NO: 1460/2025



Advocates:
For the Appellants/Petitioners: B.Abhay Siddhanth Mootha
For the Respondents: Eluru Sesha Mahesh Babu, V.Syam Kumar

Courts should exercise discretion to permit the production of additional documents late in proceedings if they are essential to achieving substantial justice, provided no prejudice is caused to the opposing party, as procedural rules are subservient to the discovery of truth.

Headnote:(A) Code of Civil Procedure, 1908 - Order 7 Rule 14(3) - Production of additional documents - Discretion of Court - Procedural technicalities - The court emphasizes that procedure is the handmaid of justice and should not impede substantial justice - Mere delay in filing documents, if necessary to establish the case, should not be a ground for rejection where no prejudice is caused to the adversary - The act of taking a document on record is a procedural step and does not pre-determine its admissibility, relevance, or proof, which remain open for determination during trial. (Paras 11, 15, 16, 18)

Facts of the case:
The respondent (plaintiff) filed a suit for the cancellation of a lease deed, alleging forgery and misuse of identity. During the proceedings, the plaintiff filed an application under Order 7 Rule 14(3) of the CPC to produce forensic laboratory reports regarding the disputed thumb impression and Whatsapp messages, which were generated after the suit had been filed. The trial court allowed the application, which the defendants challenged via a Civil Revision Petition, arguing inordinate delay and lack of foundational pleadings.

Findings of Court:
The High Court held that allowing a document to be taken on record at a later stage under the court's discretionary power is a procedural matter. It found that since the documents were created after the suit filing, the plaintiff could not have produced them earlier. Emphasizing that substantial justice should prevail over technical procedural hurdles, the court affirmed the trial court's order while clarifying that the defendants retain their right to challenge the admissibility and proof of these documents during the evidence stage.

Issues: Whether additional documents generated subsequent to the filing of a suit can be received under Order 7 Rule 14(3) of the CPC and whether delay in filing such documents warrants their rejection.

Ratio Decidendi: The court established that trial courts have sound discretion to admit additional documents for the sake of advancing justice, provided that no serious prejudice is caused to the opposing party. Procedural rules function to facilitate the pursuit of truth and should not be applied to exclude evidence that is necessary to determine the real controversy.

Result: Civil Revision Petition dismissed.

Table of Content
1. overview of suit background and procedural history. (Para 1 , 2 , 3)
2. summary of rival arguments regarding the admissibility of forensic documents. (Para 5 , 6)
3. judicial philosophy that procedural rules exist to ensure truth and justice. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18)
4. final ruling upholding the trial court order. (Para 19 , 20)

Petition under Article 227 of the Constitution of India, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to allow the above Civil Revision Petition by setting aside the Order, dated 02.05.2025 in I.A.No.184 of 2025 in O.S.No.04/2022 on the file of Senior Civil Judge at Kaikaluru permitting the petitioner/respondent herein to adduce additional documents as evidences under Order 7 Rule 14(3) of the Civil Procedure Code, 1908, and pass such

IA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in Order, dated 02.05.2025 in I.A.No.184 of 2025 in O.S.No.04/2022 on the file of Senior Civil Judge at Kaikaluru permitting the petitioner/respondent herein to adduce additional documents as evidences under Order 7 Rule 14(3) of the Civil Procedure Code, 1908, and pass such

The Court made the following:

ORDER

This Civil Revision Petition is filed questioning the legality and correctness of the order dated 02.05.2025 passed in I.A.No.184 of 2025 in O.S.No.4 of 2022 by the learned Senior Civil Judge, Kaikaluru.

2. The petitioners are defendants and respondent is plaintiff in the suit in O.S.No.4 of 2022.

3. The facts that led to filing of this Civil Revision Petition, in brief, are that

(i) The respondent filed the suit for cancellation of the lease deed executed by 1st defendant in favour of 2nd defendant; for mandatory injunction directing the 1st defendant to render accounts in respect of schedule property from 04.04.2015 till the date of handing over the original sale deed and for perpetual injunction restraining the defendants and the persons claiming through them from interfering with possession of the respondent of the suit schedule property. The contents of the plaint, in brief, are that the 1st defendant, who is father of the plaintiff, by misrepresentation and in fraudulent manner obtained General Power of Attorney in respect of the suit schedule property and collected huge amounts from various persons, but failed to render account and thus the plaintiff sent Whatsapp message to the first defendant not to deal with the property. The plaint further states that with an ulterior motive, the 1st defendant created registered lease agreement dated 26.07.2011 in favour of 2nd defendant, who is mother of the plaintiff, by misusing the old passport size photograph of the plaintiff and subscribing thumb print at the photograph of the plaintiff and thus the registered lease agreement is forged and fabricated and had been executed despite the Whatsapp message sent by the plaintiff to the 1st defendant not to act as his GPA holder anymore.

(ii) The defendants filed written statement denying the material averments of the plaint contending that the plaint schedule property was purchased by 1st defendant in the name of the plaintiff and at the time of purchase the plaintiff was a student with no means of earnings and thereafter the plaintiff out of his free will and consent executed registered General Power of Attorney in favour of 1st defendant authorizing to deal with the plaint schedule property. That the 1st defendant being the real owner besides being GPA holder of the plaintiff executed registered lease deed in favour of 2nd defendant, who in her turn sublet the property under lease agreement dated 06.09.2021 and now the plaint schedule property is under sublease for a period of three years from 28.07.2021.

(iii) In the said suit, the plaintiff filed petition vide I.A.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top