Pulla Sadanandam v. Chindurala Madhusudhan,

Date :16.2.2018 Between :

Pulla Sadanandam S/o Gattaiah 47 yrs R/o Chintagattu village, Hasanparthy mandal Warangal Petitioner And Chindurala Madhusudhan S/o Vishwanadham Retired community Health Officer H No. 13-2-136, Matwada, Warangal Respondents The Court made the following:

ORAL ORDER:

Petitioner herein is defendant. Petitioner filed I.A.No. 1196 of 2017 to call for documents Ex.B8 to B.33 from O S No. 1442 of 2004. Trial Court noticed that on 2.11.2016 evidence of plaintiff was closed; thereafter the matter underwent several adjournments for defendants evidence; on 7.12.2016 the Chief Affidavit of defendant was filed; thereafter adjournment was sought on behalf of the defendant on several occasions for securing the documents. Documents were marked and DW.1 was cross examined and after closure of defendant's side evidence, when the matter was posted for arguments, petition was filed seeking to reopen the matter for further evidence. The prayer was granted. Defendant was permitted to adduce further evidence. Again after closing the defendant's evidence and when matter was posted for arguments on 12.10.

2017 this petition was filed. Having regard to the history of adjournments and manner in which petitioner was prosecuting the suit, the trial Court has rightly did not agree with the plea of the petitioner to call for Ex.B8 to B33. It is also appropriate to note, as observed by the court below, Ex.B8 to B33 were marked in O.S. No.1442 of 2004 and he could have secured certified /true copies of those documents but never made endeavor to obtain those documents. Thus, I do not see any error committed by the trial Court in refusing to accede to the request of petitioner made at a belated stage. Accordingly, the revision petition is dismissed. No costs. Having regard to the same, miscellaneous petitions, if any pending, are closed.

__________________ P NAVEEN RAO,J DATE:16.2.2018 TVK

Date :16.2.2018