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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4096 OF 2022

(@ SLP(C) No. 7452/2022)

LEVAKU PEDDA REDDAMMA & ORS. APPELLANT(S)

VERSUS

GOTTUMUKKALA VENKATA SUBBAMMA & ANR. RESPONDENT(S)

O R D E R

Issue notice.

Mr. Mahfooz Ahsan Nazki accepts notice on behalf of

respondent No.1.

Leave granted.

The defendant Nos.2 to 5 are in appeal aggrieved against

the order passed by the High Court affirming the order passed

by the trial Court refusing to permit the appellant to produce

additional documents in terms of Order VIII Rule 1 of the Code

of Civil Procedure, 1908.

We find that the trial Court as well as the High Court

have gravely erred in law in not permitting the defendants to

produce documents, the relevance of which can be examined by

the trial Court on the basis of the evidence to be led, but to

deprive a party to the suit not to file documents even if there

is some delay will lead to denial of justice.

Digitally signed by

SWETA BALODI

Date: 2022.05.21

10:38:23 IST

Reason:

Signature Not Verified

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It is well settled that rules of procedure are hand-maid

of justice and, therefore, even if there is some delay, the

trial Court should have imposed some costs rather than to

decline the production of the documents itself.

Consequently, the appeal is allowed. The orders passed by

the trial Court and the High Court are set aside. The

appellants – defendant Nos.2 to 5 are permitted to file the

documents and to prove the same in accordance with law.

Mr. Nazki states that the plaintiffs-respondents should be

permitted to lead additional evidence, if any, on the basis of

the documents now produced by the defendants. We accept the

request. The Plaintiff shall lead additional evidence, if any,

before the defendants are given an opportunity to lead

evidence to rebut the evidence produced by the plaintiff.

Pending application(s), if any, also stand disposed of.

……………………………………………………J.

[HEMANT GUPTA]

……………………………………………………J.

[V. RAMASUBRAMANIAN]

NEW DELHI;

17^th MAY, 2022

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ITEM NO.13 COURT NO.10 SECTION XII-A

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 7452/2022

(Arising out of impugned final judgment and order dated 04-01-2022

in CRP No. 792/2021 passed by the High Court of Andhra Pradesh at

Amravati)

LEVAKU PEDDA REDDAMMA & ORS. Petitioner(s)

VERSUS

GOTTUMUKKALA VENKATA SUBBAMMA & ANR. Respondent(s)

(FOR ADMISSION and I.R. )

Date : 17-05-2022 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA

HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN

For Petitioner(s) Mrs. B. Sunita Rao, AOR

Mr. Gunmaya Mann, Adv.

For Respondent(s) Mr. Mahfooz Ahsan Nazki, AOR

Mr. Polanki Gowtham, Adv.

Ms. Rajeswari Mukherjee, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Issue notice.

Mr. Mahfooz Ahsan Nazki accepts notice on behalf of

respondent No.1.

Leave granted.

The appeal is allowed in terms of the signed order.

Pending application(s), if any, also stand disposed of.

(SWETA BALODI) (RENU BALA GAMBHIR)

COURT MASTER (SH) COURT MASTER (NSH)

(Signed order is placed on the file)