Pedada Uma Maheshwara Rao v. Smt.Sandhya Killi

T O N '

L S R I J U S T I I V I L R V I S I O N P T O R R :

This civil revision petition is filed under Article 227 of Constitution of India, questioning the action of the Trial Court for not receiving the memos, allegedly filed before the Trial Court along with the postal endorsement. The two memos and postal acknowledgment are produced before this Court, but there is nothing to show that these two memos and postal endorsement were filed before the Trial Court and the Trial Court refused to receive the same. The procedure before the Trial Court is to file the documents and other petitions in the Filing Section and immediately the papers filed will be given SR number and if it is in accordance with law, the Court will receive or otherwise return those papers within three working days from the date of such filing.

But, in the present case, there is no such endorsement on the memo and postal receipt, which were allegedly filed before the Trial Court, but it is contended that the Trial Court refused to receive the same. In the absence of any such proof to show that the Trial Court refused to receive the documents, the present civil revision petition cannot be allowed and it is liable to be dismissed. In the result, civil revision petition is dismissed. However, liberty is given to the petitioner to file before the Trial Court along with the memos or along with an application affixing necessary Court fee and other postal receipts.

Consequently, miscellaneous applications pending if any shall also stand dismissed. No costs.

___________________________________ M. SATYANARAYANA MURTHY, J Date:26.08.2016 SP