HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY CIVIL REVISION PETITON NO.2127 OF 2024

ORDER:

This Civil Revision Petition is filed assailing the order dated 21.06.2024 in I.A.No.563 of 2024 in O.S.No.2 of 2019 passed by the Principal District Judge at Jagtial.

2. Heard Sri S.Surender Reddy, learned counsel for the petitioners and Sri J.Kanakaiah, learned senior counsel representing Sri Narendar Jalli, learned counsel for respondents on record.

3. The petitioner No.1 herein is the defendant (died) (his LRs i.e., petitioners 2 to 8 were brought on record); respondent Nos.1 to 4 are the plaintiffs before the trial Court. For convenience, hereinafter the parties are referred to as they are arrayed in the suit.

4. Brief facts relevant for adjudication of the present Civil Revision Petition are that the plaintiff No.1 filed a suit in O.S.No.2 of 2019 on the file of II Additional District Judge, Karimnagar at Jagtial for partition and separate possession of the suit schedule properties. Defendant Nos.1 and 2 are the brother and sister, respectively, of the plaintiff No.1. It is contended that originally properties were purchased by their father late Muthi Ramulu in the name of their mother viz., Alla Devamma and their father died in the year 1962 and their mother died in the year 1999 and the plaintiff No.1 claimed half share of the schedule properties.. It is contended that defendant No.1, who worked as District Revenue Officer, taking advantage of his official position, got all the properties transferred and recorded in the name of his wife i.e., Alla Sathyamma. During pendency of the suit, plaintiff No.1 expired and his legal heirs i.e., plaintiffs 2 to 4 were brought on record.

5. During the pendency of the suit, legal heirs of plaintiff No.1 i.e., plaintiff Nos.2 to 4 filed I.A.No.563 of 2024 praying the trial Court to receive certain documents i.e., postal receipts, by which father of plaintiffs Alla Laxmikantham sent money orders to his mother Alla Devamma and postal acknowledgment receipts of Alla Devamma, which pertains to the years 1993-94 along with attested copy of Memo issued by the Dy.Tahsildar, Jagtial dated 31.10.2017. In the said application, plaintiff Nos.2 to 4 contended that during the pendency of the suit, their father Alla Laxmikantham died and during his life time, he used to send money through money orders to his mother Alla Devamma for her miscellaneous expenditure and now they secured the money order receipts, acknowledgement receipts of Allla Devamma and the Memo issued by the Deputy Tahsildar, Jagtial. It is contended that those documents are very important to show that their father took care of his mother during his life time.

6. The defendants filed counter and contended that trial has been commenced in the suit and P.Ws.1 and 2 were examined and DW.1 was also examined and when the matter was coming up for cross-examination of DW.1, plaintiffs filed I.A.No.563 of 2024 to receive the documents belatedly. The defendants resisted the said application on the ground that the said documents are not filed along with the plaint and there was no whisper about those documents in the plaint and, therefore, the same cannot be permitted to file at this stage that too at the stage of cross-

examination of DW.1 after completion of evidence on behalf of the plaintiffs.

7. The trial Court, vide order dated 21.06.2024 allowed the said application with an observation that documents sought to be filed are money orders of the year 1993-94 and the Memo issued by the Deputy Tahsildar is also of the year 2017 and, therefore, there is no scope for plaintiffs to create those documents to make up their case. The trial Court further observed that non- mentioning of the documents sought to be produced at a belated stage is a curable defect with the leave of the Court and allowed the application. Aggrieved by the impugned order, present revision petition is filed.

8. Learned counsel for the petitioners/plaintiffs contended that in the plaint