C.Sankar Reddy v. M.Lakshmamma

THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN CIVIL REVISION PETITION NO.237 OF 2015 ORDER:

This revision is preferred against the order passed by the II Additional Junior Civil Judge, Chittoor, in I.A.No.490 of 2014 in O.S.No.1118 of 2002 dated 11.11.2014.

The petitioners herein are the applicants in the I.A, and the plaintiffs in the suit. They filed this I.A. under Order VII Rule 14(3) of the Code of Civil Procedure, 1903, to receive a copy of the Will. The Court below held that the petitioner had failed to show any cogent reason for not filing the documents earlier, except a vague statement that they were traced recently; the petitioner should have been diligent in the matter; and, as the suit relates to the year 2002 and, after adducing evidence on both sides, the matter was posted for arguments, the relief sought for could not be granted. As the application in I.A.No.489 of 2014 was dismissed by the Court below, and C.R.P.No.189 of 2015 preferred thereagainst has been dismissed by this Court by order dated 13.03.2015, the present C.R.P. also necessitates dismissal, more so as the Court below was justified in refusing to receive documents which were sought to be introduced after evidence on both sides had been adduced and the matter was posted for arguments.

The Civil Revision Petition fails and is, accordingly, dismissed. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand dismissed.

_______________________ (RAMESH RANGANATHAN, J) 13th March 2015 RRB