Balla Alexandor (Died) As Per L.Rs., v. M/S. Christ Gospal Prayer Fellowship (E.G.P.F)

THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN CIVIL REVISION PETITION NO.234 OF 2016 ORDER:

This revision, under Article 227 of the Constitution of India, is preferred against the order passed by the Junior Civil Judge, Gajuwaka in I.A. No.399 of 2014 in O.S. No.171 of 2008 dated 12.11.2015. The respondent-plaintiff filed the said I.A. requesting the Court below to mark the original relinquishment deeds and the original sale deeds. By the order under revision, the Court below received the documents sought to be filed by the plaintiff, subject to admissibility, holding that no prejudice would be caused to the revision petitioners herein, if the petition was allowed because opportunity would be given to them to cross-examine the witness on the documents.

Sri T.D. Phani Kumar, Learned Counsel for the petitioner, would submit that the documents are all unregistered documents and, as such, cannot be marked as exhibits. All that the Court below has done is to grant the plaintiff's request that the documents filed by them be received. The question of admissibility of the documents would, obviously, be considered later when the documents are sought to be marked.

I have no reason to doubt that, at the stage when the documents are sought to be marked, the revision petitioner herein would be given an opportunity of putting forth their objections thereto; and the Court below shall consider the objections before the documents are marked as exhibits.

I see no error, however, in the order passed by the Court below in receiving the documents. The revision fails and is, accordingly, dismissed. The miscellaneous petitions pending, if any, shall also stand dismissed. No costs.

_____________________________ RAMESH RANGANATHAN, J Date: 29.01.2016.

MRKR