Akula Jayaprada , Karimnagar Dist And Three Others v. Akula Madhusudhan Rao, Karimnagar Dist And Eight Others

THE HON'BLE SRI JUSTICE S.V.BHATT C.R.P.No.4431 of 2017 ORDER:

The respondent herein/plaintiff filed application under order VII Rule 14 (3) of Code of Civil Procedure seeking leave of the Court to bring on record, a few certified copies of judgments and decree. The trial Court passed a very brief order and if brevity is satisfying examination requirement of Order VII Rule 14(3), this Court would have examined the legality of said order on its own strength. To appreciate the above observation, the order under Revision is excerpted here under:

"Counter not filed. Certified copies filed.

Public documents. No prejudice would be cause to other side. Hence, this petition allowed subject to proof and relevancy"

Mr.Ravi Kiran Rao attempted to sustain the order by drawing attention of the Court to the permission granted subject to proof and relevancy. His contention is merely noted but this Court has difficulty in appreciating the order under Revision. For, whether the receipt of documents is subject to proof or relevancy. The order is cryptic, the Court below would have done better if little attention is bestowed while passing the impugned order.

The order under Revision is set aside and I.A. remitted to trial Court for disposal within four (04) weeks from the date of receipt of copy of the order. The petitioners herein are given liberty to file counter or objections within two (02) weeks from today. The counter if is not filed as permitted by this Court, the trial Court is given liberty to proceed and pass order on merits of the application.

Civil Revision Petition is allowed, as indicated above. No order as to costs.

Miscellaneous petitions, if any, pending, shall stand closed.

________________ S. V. BHATT, J Dt: 01.02.2018 Note:

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