Rayapureddy Nagaraja Rao v. Illapu Killadi

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO C.R.P.No.5886 of 2018 ORDER:

Heard the learned counsel for the petitioner. 2.

This Civil Revision Petition is filed challenging the order dt.24-09-2018 in I.A.No.389 of 2018 in R.C.C.No.1 of 2017 of the Junior Civil Judge, Pithapuram, allowing an application filed by the respondent to receive certain documents.

3.

Learned counsel for the petitioner contends that Order VII Rule 14 (3) read with Section 151 CPC would not apply and only the Rules framed under the A.P. (Lease, Rent and Eviction) Control Act, 1960, would apply and the present application is not maintainable.

4.

In my considered opinion, though CPC may not apply, the Rent Controller is supposed to decide matters by applying the principles of natural justice and if the respondents wanted to mark certain documents, though not filed earlier along with the R.C.C., the same cannot be objected to on the above ground. 5.

Therefore, I see no error of jurisdiction in the order passed by the Court below warranting interference by this Court under Article 227 of the Constitution of India. However, the Rent Controller shall consider the relevancy of the documents and also give

MSR,J C.R.P.No.5886 of 2018 opportunity to the petitioner to cross examine the respondent on the genuineness of the documents in question.

6.

Accordingly, the Civil Revision Petition is dismissed. No costs.

7.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 26-10-2018 kvr