A.Balamma Died As Per Lrs v. Ayyavaripally Chendraiah

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO Civil Revision Petition No. 645 of 2016 Order:

The petitioners herein are the plaintiffs in OS No.12 of 2010 on the file of the Junior Civil Judge, Jadcherla, Mahaboobnagar District. The suit was filed for declaration of title and for permanent injunction. The original plaintiff expired. The legal representatives, who came on record, filed IA No.240 of 2015 for receiving original unregistered agreement dated 15.04.1968. No counter affidavit was filed by the respondents. But, the application was dismissed on 17.12.2015 on the ground that the document is unregistered and insufficiently stamped.

2. This Court in G. Sukender Reddy v M. Pullaiah[1], held that there cannot be any objection for receiving a document and the opportunity of the respondent to raise an objection can be availed by him at the time of marking the document. The receipt of the document does not constitute marking of the document and the Court cannot dismiss it by examining the nature of the document at this stage itself.

3. In view of the same, the impugned order, dated 17.12.2015, passed by the learned Junior Civil Judge, Jadcherla, is set aside and the application in IA No.240 of 2015 in OS No.12 of 2010 is allowed for the purpose of receiving the document.

It is open to the respondents/defendants to raise their objections if the said document is sought to be marked in the evidence of the plaintiffs and it is open to the Court to consider the admissibility of the document also at the relevant point of time.

4. Accordingly, the Civil Revision Petition is allowed. However, in the circumstances, no costs.

5. As a sequel thereto, the miscellaneous petitions, if any, pending in this Civil Revision Petition shall stand closed.

________________________ A.

RAMALINGESWARA RAO, J.

Date: 18.03.2016 Nsr [1] 2015(3) ALT 575