Palla Ayyavaramma v. Palla Padmanabhaiah

HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY C.R.P. No.4668 OF 2018, C.R.P. No.4615 OF 2018 AND C.R.P. No.4603 OF 2018 COMMON ORDER:

C.R.P.No.4668 of 2018 is filed questioning the order dated 25.06.2018 passed in I.A.No.220 of 2018 in O.S.No.13 of 2016 by the Junior Civil Judge, Sidhout, dismissing the application to reopen the suit for the purpose of recalling PW.1 and mark documents. C.R.P.No.4615 of 2018 is filed questioning the order dated 25.06.2018 passed in I.A.No.222 of 2018 in O.S.No.13 of 2016 by the Junior Civil Judge, Sidhout, dismissing the application as infructuous in view of dismissal of I.A.No.220 of 2018.

C.R.P.No.4603 of 2018 is filed questioning the order dated 25.06.2018 passed in I.A.No.221 of 2018 in O.S.No.13 of 2016 by the Junior Civil Judge, Sidhout, dismissing the application to recall PW.1. The petitioner has not complied with the mandatory requirement under Order VII Rule 14(2) C.P.C and apart from that there is no specific pleading in the plaint with reference to the said documents. Even if those documents are received and marked before the Court, the same cannot be looked into, in the absence of any specific pleading with regard to those documents. Therefore, receiving documents, recall of witness for marking those documents would not serve any purpose. However, in view of the request made by learned counsel for the petitioner, the petitioner is permitted to renew her request before the Court below after amending the

pleading suitably raising a specific plea with regard to the documents subject to permissibility under law.

With the above direction, the civil revision petitions are disposed of. No costs.

Pending miscellaneous petitions in the petitions, if any, shall stand closed.

____________________________ M.SATYANARAYANA MURTHY,J 03.10.2018 kvrm