THE HONOURABLE SRI JUSTICE K.SURENDER C.R.P No.2360 OF 2024

O R D E R:

1. This Civil Revision Petition is filed aggrieved by the docket order dated 22.04.2024 passed in I.A.No.5 of 2024 in O.S.No.45 of 2020 on the file of I Additional Junior Civil Judge-cum-I Additional Judicial Magistrate of First Class at Nizamabad.

2. Heard learned counsel for the revision petitioners/plaintiffs and the learned counsel for the respondents/defendants.

3. The petitioners herein who are the plaintiffs in the main suit filed an application under Order VII and Rule 14 for receiving certified copy of charge sheet in C.C.No.712 of 2023, certified copy of part II of the case diary dated 28.08.2020 and 21.04.2021 and certified copy of the crime detail form dated

28.08.2020.

4. Learned Junior Civil Judge refused to entertain the application to introduce the documents on the ground that said documents are not relevant and the petitioners are trying to introduce new pleas which are not part and parcel of the case.

5. Learned counsel appearing for the petitioners would submit that trial has not commenced and no prejudice would be caused if the documents sought are placed on record by the Court below. He relied on the judgment of the Hon’ble Supreme Court in Levaku Pedda Reddamma & Ors vs. Gottumukkala Venkata Subbamma & Anr, [2022 LiveLaw (SC) 533] and judgment of this Court in Dodda Jesintha v. Yelapati Rathnaker Reddy and another, [2024 (3) ALD 589(TS)] The Hon’ble Supreme Court in Levaku Pedda Reddamma’s case held that party to the suit should not be deprived of filing documents though there is a delay and such deprivation would lead to denial of justice.

6. The documents that are sought to be introduced in the present case are certified copy of charge sheet, certified copy of part II of the case diary and certified copy of the crime detail which is not the evidence, but a report filed by the Investigating Officer before the Criminal Court.

7. The petitioners/plaintiffs are at liberty to question regarding pending criminal case during the course of trial. Since charge sheet, case diary are not evidence, denial to bring them on record under order VII Rule 14 cannot be said to be incorrect.

8. There are no grounds to interfere with the findings of the learned Junior Civil Judge.

9. Accordingly, the Civil Revision Petition is dismissed.

Miscellaneous Petitions, pending if any, shall stand closed.

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K.SURENDER, J Date: 13.12.2024 dv