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High Court for State of TelanganaCRP/4887/2017dismissed

K. Naveen Kumar v. P Indrani

2017-10-06Sanjay Kumar2 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION Nos.4836 AND 4887 of 2017 C O M M O N O R D E R These revision petitions under Article 227 of the Constitution arise out of the common order dated 27.07.2017 passed by the learned I Additional Junior Civil Judge, Ranga Reddy District at L.B.Nagar, in I.A.Nos.646 and 647 of 2017 in O.S.No.115 of 2009. These I.As. were filed by the petitioners herein, being the plaintiffs in the said suit, to re-open the suit for the purpose of marking of documents sent to the Forensic Science Laboratory and also the Forensic Science Laboratory (FSL) report as exhibits by recalling P.W.1, the first plaintiff, for that purpose. By the common order under revision, the trial Court observed that as the documents which were sought to be marked through P.W.1 had nothing to do with him, the question of allowing such marking of documents through him did not arise.

Though Sri G.Kalyan Chakravarthy, learned counsel for the petitioners/plaintiffs, would contend that the documents in question require to be marked as the FSL report was summoned through Court, Sri G.Narasimha, learned counsel for the first respondent/first defendant, would point out that P.W.1 cannot be permitted to mark the report of the FSL. This Court finds merit in the submission of Sri G.Narasimha, learned counsel. The applications filed by the petitioners/plaintiffs were utterly misconceived as it was not for P.W.1 to mark the documents in question.

The common order under revision therefore does not brook interference. The civil revision petitions are devoid of merit and are

accordingly dismissed. This order shall however not preclude the petitioners/plaintiffs from filing an appropriate application before the trial Court and if they do so, the same shall be dealt with independently in accordance with law. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs. ____________________ SANJAY KUMAR,J Date:06.10.2017 Note:

Furnish C.C. by Monday.

(B/o) PGS/GJ