V. Vijay Bhasker Reddy v. Shahnawaz

HON'BLE SRI JUSTICE R.SUBHASH REDDY CIVIL REVISION PETITION No.1782 of 2015 ORDER :

This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioner/plaintiff No.2, aggrieved by the docket order dated 24.01.2015 in I.A.No.1058 of 2014 in O.S.No.517 of 2009 passed by the XIII Additional Chief Judge (F.T.C.), City Civil Court, Hyderabad, dismissing the application filed by him under Section 151 of C.P.C., seeking to reopen the evidence of plaintiff by permitting for further evidence.

2 . Heard Sri I. Venkata Satyanarayana, learned counsel for the petitioner/plaintiff No.2 as well as Sri K.V. Satyanarayana, learned counsel for respondents No.5/defendant No.5 and perused the impugned order and material on record.

3. From a perusal of the impugned docket order dated 24.01.2015, it appears that the application filed by the petitioner/plaintiff No.2 was not considered in proper lines and no reasons, much less valid reasons are assigned for rejecting the application. Therefore, it is a fit case to remand the matter for fresh consideration.

4. Accordingly, this civil revision petition is allowed, setting aside the impugned order dated 24.01.2015, and the matter is remanded to the Court below with a direction to consider the matter afresh independently and pass appropriate orders in accordance with law. As a sequel, miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

____________________________ JUSTICE R. SUBHASH REDDY

14.10.2015.

Msr HON'BLE SRI JUSTICE R.SUBHASH REDDY CIVIL REVISION PETITION No.1782 of 2015

14.10.2015 Msr