THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA CIVIL REVISION PETITION No.2478 OF 2013

ORDER:

This Civil Revision Petition is filed by the petitioner-

defendant No.4 aggrieved by the order, dated 18.02.2013 passed in I.A.No.1991 of 2012 in O.S.No.488 of 2010 on the file of learned II Additional Junior Civil Judge at Warangal.

2. The Brief facts of the case are that respondent No.1/plaintiff filed a suit against the revision petitioner and respondent Nos.2 to 4 herein seeking for partition and separate possession. Pending the suit, it appears that the petitioner-Defendant No.4 filed an application under Order VIII Rule 1A(3) of C.P.C seeking to condone the delay in filing document dated 27.05.2007 and the property tax receipt, dated 14.11.2012 on the ground that he could not file the same before the trial Court as the same was misplaced in his house.

3. Respondent No.1/plainfiff filed counter denying the averments made in the petition and contended that the existence of the alleged documents were not mentioned in the written statement and that no valid and cogent reasons were made for non filing of the alleged documents at the time of filing of the written statement and there was no ju