Biradar Mallikarjuna v. Biradar Vishwanath

THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CIVIL REVISION PETITION No.2450 of 2018 ORDER:

Heard Sri Y. Ashok Raj, learned counsel for the revision petitioner.

The challenge in the present petition is to the order, dated 21.03.2018, in I.A.No.57 of 2018 in O.S.No.2 of 2007 on the file of the learned Junior Civil Judge, Narayankhed. The said I.A was disposed of along with I.A.No.58 of 2018.

In the aforesaid I.As filed under Order XVI Rules 5 and 6 of CPC and under Order XVIII Rule 17 read with Section 151 of CPC, the petitioner prayed to receive certain documents mentioned therein and to recall PW.1 for marking the documents Exs.P12 to P18. By the order under challenge, the request of the petitioner was rejected and the application was dismissed.

Having heard the learned counsel and upon perusing the affidavit filed in support of the I.A., it is evident that no reason is mentioned as to why he wants to file the documents that are sought to be received. It is, therefore, desirable to dispose of the revision petition affording a chance to the petitioner to renew the request by filing a fresh application specifying the reasons in the affidavit, so that the Court below can exercise its power in order to render effectual and complete justice in deciding whether such documents can be received or not. With the aforesaid observations, the Civil Revision Petition is disposed of. No order as to costs.

Miscellaneous Petitions, if any, pending in the present petition, stand closed.

___________________________ A. SHANKAR NARAYANA, J 18.04.2018 v v