HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY CIVIL REVISION PETITION NOS.791 & 1076 OF 2024

COMMON ORDER:

Civil Revision Petition No.791 of 2024 is filed assailing the order dated 22.01.2024 in I.A.No.1619 of 2023 in O.S.No.187 of 2016 passed by learned Principal Senior Civil Judge, at Hanumakonda. C.R.P.No.1076 of 2024:

Civil Revision Petition No.1076 of 2024 is filed to set aside the order dated 22.01.2024 in I.A.No.1576 of 2023 in O.S.No.187 of 2016 passed by learned Principal Senior Civil Judge, at Hanumakonda.

2. Heard Sri.R.K.Chitta, learned counsel for the petitioners and Sri.R.Manjulal, learned counsel for the respondents.

3. Since both the revision petitions are interconnected, the same were heard together and are disposed of by way of this common order.

4. The revision petitioners herein are the plaintiffs and respondents herein are the defendants in the suit. For convenience, the parties hereinafter referred to as they were arrayed in the suit.

5. Brief facts of the matter necessary for adjudication of present revision petitions are that the plaintiffs filed suit for declaration and permanent injunction in respect of the house plot admeasuring 392 Sq.Yards in Sy.No.517 of Waddepaly, Hanumakonda Mandal, Warangal District (herein after referred as “Suit Schedule Property”) against the defendants vide O.S.No.187 of 2016 on the file of the Principal Senior Civil Judge, Hanamkonda.

6. The defendants, entered appearance and filed written statement, issues were framed, the trial was concluded and the matter was coming up for arguments. At that stage, plaintiffs filed an application under Order VII Rule 14(3) of C.P.C vide I.A.No.1619 of 2023 in O.S.No.187 of 2016 to receive certain documents along with an application to re-open the case for further evidence of PW.1 vide I.A.No.1576 of 2023. In the affidavit filed in support of application to receive documents it is averred that at the time of filing of suit, certain documents were filed along with the plaint, however, the plaintiffs could not file C.C of proceedings in File No.A2/1976, 1977, 1978, 1976, FIR along with the complaint, Remand Report and Confession statements in Crime Nos.127 of 2023 and 107 of 2023 of P.S.Kazipet and the same are necessary to prove their case. It is further averred that the said documents were obtained from concerned authorities, recently, therefore, they could not file the same earlier and prayed to receive the documents.

7. Counter on behalf of the defendants was filed resisting the application and stated that the documents sought to be taken on record are not related to the suit and there is no reference to the said documents in the plaint or in the chief affidavit, that parties cannot travel beyond the pleadings and that plaintiffs are not parties to the said documents, therefore, the said documents are not essential and as such, the same cannot be taken on record. It is further stated that entire evidence was closed and the matter was coming up for arguments and at that stage the petitions were filed only to protract the matter. Hence, prayed to dismiss the application.

8. On consideration of the averments made in the affidavit as well as averments in the counter and submissions made by the both the learned counsel, the trial Court dismissed the application with an observation that neither the plaintiffs nor the vendors are parties to the said documents and moreover documents cannot be relied upon without any pleadings in the plaint and further, the same cannot be taken at this stage as the suit is of the year 2016 and the documents are no way relevant or helpful for adjudication of the suit. Aggrieved by the impugned order dated 22.01.2024, Civil Revision Petition No.791 of 2024 is filed.

9. Consequent to dismissal of I.A.No.1619 of 2023, I.A.No.1576 of 2023 was also dismissed vide order dated 22.01.2024. Aggrieved by the same, C.R.P.No.1076 of 2024 is filed.

10. Learned counsel for the petitioners would submit that the trial Court dismissed the