Bandi Chandana v. Boda Srinu

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO C.R.P.No.340 of 2019 O R D E R:

This Revision is filed under Article 227 of the Constitution of India challenging the docket order dt.11.12.2018 in O.S.No.174 of 2016 of the Senior Civil Judge, Sattupally refusing to receive a Memo filed by the counsel for petitioner for filing of certain documents, which had not been filed along with the plaint. 2.

The Court below observed that there was a Circular issued by the High Court in 2014 that no documents should be received by way of filing a Memo, and an application is necessary under Order VII Rule 14 CPC giving reasons why the said documents could not be filed along with the plaint.

3.

I do not see any error of jurisdiction in the order passed by the Court below rejecting the Memo and documents filed therewith. 4.

Therefore, this Civil Revision Petition is dismissed. However, liberty is given to the petitioner to file an application giving appropriate reasons why the documents, which are sought to be submitted by the petitioner, could not be filed along with the plaint, and if such application is filed, after giving notice to the other side, the Court below shall consider the same in accordance with law. No order as to costs.

5.

Consequently, miscellaneous petitions pending if any shall stand dismissed.

______________________________ M.S. RAMACHANDRA RAO, J 20th February, 2019.

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