Sakoori Ellaiah, Karimanagar Dist v. Sankoori Pochaiah, Karimnagar Dist And 4 Others

HON'BLE SRI JUSTICE S.V. BHATT C.R.P.No.5017 OF_2011 ORDER:

Heard Mr.V.Srikantha Rao for petitioner and Mr.T.Ramachander Rao for respondents.

Plaintiff in O.S.No.132 of 2009 in the Court of the II-Additional Junior Civil Judge, Karimnagar is the revision petitioner. The revision petitioner filed I.A.No.620 of 2016 under Section 151 seeking to reopen the case to enable him to mark certain documents. The averments, in brief, seeking reopening of the case are that the proposed documents, which are crucial and essential to establish the case of petitioner, in the suit were misplaced in the house and the petitioner could trace the same a day before filing of this application. The respondents opposed the prayer of revision petitioner stating that there was no reference to those documents at any stage of the suit, plaint and evidence.

The learned trial Judge rejected the prayer of petitioner holding that there is no whisper about the proposed documents either in the plaint or in the chief affidavits of plaintiff witnesses. Hence, the revision. I have perused the record. The trial Court has rightly dismissed the application filed by the petitioner. This Court is in agreement with the reasons recorded by the trial Court. No ground warranting interference under Article 227 of the Constitution of India is made out. Revision fails and is, accordingly, dismissed. There shall be no order as to costs.

Pending miscellaneous petitions, if any, stands closed. ____________ S.V.BHATT, J 21st August, 2018 Lrkm