##PAGE1##

IN THE COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SMT. JUSTICE RENUKA YARA

CIVIL REVISION PETITION NO.1140 of 2025

22^ND DAY OF DECEMBER, 2025

Between:

Sri Qazi Abdul Naseer

…Petitioner/respondent No.1/defendant No.1

and

Sri Qazi Malik Abdul gaffer and another

…Respondents/Plaintiff/defendant No.2

ORDER:

1. Heard Mr. Shaik Ahmed Ali, learned counsel for the

petitioner/respondent No.1/defendant No.1. In spite of service

of notice on respondents, there is no representation on their

behalf. Perused the record.

2. This Civil Revision petition is preferred aggrieved by the

Order passed by the learned XXII Junior Civil Judge, City Civil

Court, Hyderabad (for short ‘the Trial Court’) in I.A.No.200 of

2024 in O.S.No.2762 of 2017, dated 08.01.2025, wherein, a

petition filed by respondent No.1/plaintiff under Order VII Rule

14 (3) of CPC to receive (10) documents has been allowed.

::2::

3. In grounds of revision, it is pleaded that respondent

No.1/plaintiff sought to introduce new pleadings to the suit

which was beyond the scope of the original suit. Further, the

documents are filed at a belated stage though they were well

within the knowledge of respondent No.1. Further, no reasons

are given for not filing said documents at the time of filing of the

suit. It is also pleaded that the documents sought to be received

were never pleaded in the plaint but are filed at a belated stage

after laps of (7) years of filing of the suit and that some of the

documents are not relevant and some are sham. Therefore, the

revision petitioner prayed that the impugned order be set aside.

4. In support of his case, the learned counsel for the

revision petitioner relied upon the judgment of the Hon’ble

Supreme Court of India in the case of Mohammed Abdul

Wahid v. Nilofer and another, Civil Appeal No. 8146 of 2023, wherein, it is held as follows:

“31. Save and except the cross-examination part of a

civil suit, at no other point shall such confrontation

be allowed, without such document having

accompanied the plaint or written statement filed

before the court. For this purpose, reference be made

to Order VII Rule 14(4) (This Rule speaks of the

::3::

Plaintiff necessarily listing in his plaint and,

producing before the court, the documents upon

which they seek to place reliance, in support of his

claim. Sub-rule 4 exempts from this obligation

documents produced for the limited purpose of cross-

examination or to jog the memory of a witness), ……”

5. The learned counsel for the revision petitioner further

relied upon the judgment of the High Court of Himachal

Pradesh, Shimla in the case of Sh. Mukhtya Singh v. Gyan

Singh and others, 2025 SCC OnLine HP 3478, wherein, it is held as follows:

“5. ..........This Court is of the considered view that

these pleas are no reasons to invoke the provisions of

Order 7, Rule 14 of the Code of Civil Procedure. These

provisions have been provided in the Statute to

advance the cause of justice and not to throttle the

wheel of justice as apparently is the intent of the

petitioner. Though the procedure is handmaid of

justice, but then, the procedure cannot be misused by

a party to delay the adjudication of the case or to fill

up the lacunae in the case.”

6. Further, reference is made to judgment of the high

court of Judicature for Rajasthan at Jodhpur in the case of LRs

::4::

of Avatar Singh and others v. LRs of Gajanand and others3

wherein, it is held as follows:

“7. This Court is of the opinion that merely for the

reason that the suit is at stage of plaintiffs' evidence,

there is no inherent right available to the plaintiffs to

produce a document which was in their knowledge

right from the time of filing of the suit. Further,

learned counsel for the petitioners has not been able

to point out any sufficient cause for the said delay of

13 years.”

7. The proviso to Order VII Rule 14 of CPC is an enabling

provision in CPC which gives scope for production of a

document at a later stage when said document is not filed at

the stage of filing of the suit.