Dalli Kameswara Rao v. Dalli Surya Rao

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CIVIL REVISION PETITION No. 4673 of 2018 ORDER:

Heard Sri S.Subba Reddy, learned counsel for the petitioner. 2.

The present Civil Revision Petition came to be filed assailing the order dated 10.07.2018, passed in I.A.No.1152 of 2018 in O.S.No.25 of 2013 by the learned Senior Civil Judge, Pithapuram, wherein an application filed under Section 151 of CPC to receive the rejoinder to the written statement came to be dismissed.

3.

From a reading of the application, it is clear that except stating that "in view of subsequent developments, he was advised to file rejoinder", no other reason was given by the plaintiff for filing the petition, at a belated stage that too when the trial has commenced. It was also stated that due to pendency of the petition for bringing Legal Representatives on record, the rejoinder could not be filed earlier and as such, there is no intentional delay on the part of the plaintiff. A perusal of the record would also show that the suit was filed against defendant Nos.1 to 8 and the written statement of defendant No.5 and the adoption memo of defendants Nos.3,4,6, 7 and 8 were filed on 10.02.2014. As seen from the record, the suit was coming for trial since 26.08.2015. The chief affidavit of PW1 was filed on 01.06.2015. In the meanwhile, defendant No.6 died and steps were taken and his Legal Representatives were impleaded as defendant Nos.9 to 11 and thereafter the matter was posted for cross examination of PW1. When directions were given by the Court,

the present impugned petition came to be filed. In this way, the matter was getting adjourned on one pretext or the other. 4.

Having regard to the above and as there is abnormal delay in filing the petition, this Court is of the opinion that the findings arrived at by the Court below requires no interference. 5.

Accordingly, this Civil Revision Petition is disposed of. No costs.

6.

As a sequel thereto, Miscellaneous Petitions pending if any in this Civil Revision Petition, shall stand closed. ________________________ C. PRAVEEN KUMAR, J 10.08.2018 vhb