Y.Venkateswara Rao v. Y.Chetana

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CIVIL REVISION PETITION NO.3167 OF 2016 ORDER:

This revision is filed under Article 227 of Constitution of India challenging the order passed in I.A.No.632 of 2016 in O.S.No.63 of 2006 dated 25.04.2016, whereby, the Trial Court refused to mark one of the documents filed along with Ex.A-9.

The Court marked the two documents as Ex.A-9 and the Court did not notice that Ex.A-9 consists of two documents. Therefore, it is a clear mistake on the part of the Trial Court while recording evidence of P.W.1.

Learned counsel for the respondent reported no objection to mark the second document as exhibit. Consequently, it was not brought to the notice of Court till today. Subsequently, the Trial Court marked Exs.A-13 to A-20 and the second document filed along with Ex.A-9 was not given any exhibit number.

In view of the no objection reported, the Trial Court is directed to recall P.W.1 for limited purpose of marking the said document filed along with another document which is marked as Ex.A-9 and afford an opportunity to the advocates to cross-examine, if any, only with regard to the said document.

With the above direction, the civil revision petition is disposed of. Consequently, miscellaneous applications pending if any shall also stand closed. No costs.

___​______________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:12.08.2016 SP