The trial court must verify the inclusion of documents in pleadings before final arguments to ensure procedural fairness.

COMMON ORDER :

Heard Mr. K.Sreenivas, learned counsel for the petitioners.

Perused the record.

2. Since the issue involved in the instant civil revision petitions is common, they are disposed of through this common order of this Court.

3. These civil revision petitions are filed assailing the common order dated 12.11.2024 passed in I.A.Nos.643, 644 and 645 of 2024 in O.S.No.126 of 2022 by the learned Senior Civil Judge, at Shadnagar, Ranga Reddy District, wherein the said IAs filed for reopening, recalling and receiving of documents were rejected by the impugned common order, leading to filing of the instant civil revision petitions.

4. Learned counsel for the petitioners referring to the affidavit filed by D.W.2 in his chief-examination submits that he had proposed to mark Ex.B-25, the electricity connection passbook S.C.No.150 and also Ex.B-26, the electricity bill. However, during the time of preparing of the arguments, it was found that these documents were not available on record and they have not been marked which has led to filing of the three IAs, which stood rejected, against which the present civil revision petitions have been filed.

5. Learned counsel for the petitioners further submits that along with the written statement filed by the defendants itself they had relied upon two documents i.e., electricity connection passbook and electricity bill to show that the property was purchased by them and they had been in possession of them and they had also applied for electricity connection in respect of the said property. However, since these documents, at the time of arguments, were not traceable, the petitioners were compelled to file three IAs, which stood rejected. The learned counsel further submits that if the documents are already on record, as has been contended, there would be no necessity for pursuing the civil revision petitions and also the three interlocutory applications, which have been rejected. It was also the contention of the learned counsel for the petitioners that the need for moving of the IAs was only found when these documents were found missing from the record, though he argues that the said documents were also made part of the written statement so filed by the defendants.

6. Given the aforesaid submission by the learned counsel for the petitioners and upon perusal of the facts, what clearly reflects is that the suit is one which was filed in the year 2010 and is now fixed for final arguments on 02.12.2024. The evidence of both the parties had been concluded. According to the petitioners, it is only in the course of preparation of the final arguments it was found that these documents are missing. From the submissions made, what is required to be ascertained is whether these documents in respect of the electricity connection passbook and electricity bill were part of the pleadings of the written statement and also part of list of documents enclosed with the written statement.

7. Given the fact that the matter is now fixed for 02.12.2024, this Court is of the considered view that no fruitful purpose would be served in keeping the said petitions pending and stalling the proceedings before the trial Court. Therefore, in the interest of justice, this Court is of the opinion that let the trail Court verify from the written statement whether the electricity connection passbook and electricity bill are referred to and enclosed along with the written statement or if it is found that these documents are already part of written statement and also list of documents, in that event, there would be no necessity to proceed and the petitioners are free to argue the said case relying upon the documents. At the same time, if these documents were not part of the record though there is a mention and the annexures reflected in the list of documents, in the said circumstances, the Court shall permit D.W.2 to be recalled and he may be examined and cross-examined so far as it relates to the electricity connection documents alone