Syed Noor Ahammed v. Syed Abdul Mannan Khadri

HONOURABLE SRI JUSTICE S.V. BHATT C.R.P. No.2403 OF 2016 O R D E R :

Heard Mr.K.Murali Krishna for the petitioners. The defendants in O.S. No.372 of 2012 are the revision petitioners. The revision petitioners filed I.A. No.1475 of 2015 under Order VIII Rule 1 A(3) read with Section 151 CPC praying for leave to receive documents listed in the petition. The trial Court after considering the affidavit and the counter filed by the respondents herein, framed the following point:

"Whether the petitioners are entitled for relief as prayed for?" The learned trial Judge in ultimate analysis held as follows: "In fact there is no pleading as admitted by the petitioners with regard to the facts relating to the document and it also appears that only intention of the petitioners is to dragon the matter for years together though the suit is filed for recovery of amounts (money suit). The reasons assigned do not appear to be plausible and satisfactory. Hence, this court feels that if this petition is allowed the real intention for the amendment of the proviso to curb the delay will not survive and the party who intends to dragon by filing petition after petition will one way or other become a successful as pending litigation. When no such pleading is mentioned with regard to the documents it is not fit and proper to allow the petition as there are no merits to allow the petition. Hence, the petition is dismissed."

With the assistance of learned counsel, I have perused the reasons recorded by the trial Court. I am in agreement with the findings recorded by the trial Court. I do not see any illegality or irregularity warranting interference by this Court. The revision fails and is dismissed. No order as to costs.

Miscellaneous petitions pending if any shall stand closed.

______________ S.V. BHATT, J Date:03.06.2016 Stp