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High Court for State of TelanganaCRP/505/2015dismissed no costs

Vullingi Ramalakshmi, v. Rankireddi Suryanarayana,

2015-04-07Nooty Ramamohana Rao2 pages

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO CIVIL REVISION PETITION NO.505 of 2015 ORDER:

The defendants in the suit are the petitioners in this revision. They are essentially aggrieved by the objection raised about the maintainability of I.A(SR).No.2415 of 2014 in the Court of the Principal Junior Civil Judge, Amalapuram, filed by them. I.A(SR).No.2415 of 2014 has been filed with a prayer to restrain the respondent/plaintiff therein from marking the interim report of Sri N.Suryanarayana Murthy, Advocate Commissioner, which was one of the documents mentioned in the list of documents along with the affidavit filed by the plaintiff in lieu of Examinationin-Chief, in Court. The objection raised by the Court is perfectly legitimate and maintainable. A document is liable to be marked depending upon its relevancy and admissibility.

Opposite parties, can raise any objection on the admissibility of a document and point out as to how the same is not relevant for the issue raised for adjudication, but no interlocutory application for that purpose can be filed. If such practice is allowed, the proceedings of a suit will not be allowed to go on and the trial would never get completed and only one interlocutory application or the other will be moved in the matter.

Therefore, preserving liberty to the petitioners herein, who are the defendants in the suit, to raise at the appropriate time, objections about relevancy and admissibility of any document that is sought to be marked on behalf of the plaintiff and the same will receive appropriate consideration by the Court, this revision is found as lacking any merit.

Accordingly, this revision stands dismissed at the admission stage. Consequently, miscellaneous petitions, pending in this petition, shall also stand dismissed. No costs.

_______________________________________ JUSTICE NOOTY RAMAMOHANA RAO 07.04.2015

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