The High Court allowed a civil revision petition allowing the court below to admit documents for inception that were sought at a belated stage, provided they are proven and relevant. No order was passed as to costs.
The civil revision petition is allowed; documents in schedule are to be received subject to proof and relevancy.
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THE HONOURABLE SRI JUSTICE P.S.NARAYANA CIVIL REVISION PETITION No.6002 of 2009
ORDER:
Heard the learned counsel.
The petitioner filed an application in I.A.No.662 of 2008 in O.S.No.1152 of 2005 on the file of II Additional Junior Civil Judge, Kurnool, for inception of certain copies of the B-memos, etc which had been specified in the petition schedule. The said application was dismissed on the ground that the said application was filed at a belated stage, though reasons in detail had not been specified.
In the affidavit, filed in support of the said application, it is stated that the documents specified in the schedule are important to establish his case.
In the light of the facts and circumstance, this Court is of the considered opinion that an opportunity be given to the petitioner. Hence, the documents specified in the petition schedule be received subject to proof and relevancy.
Accordingly, the Civil Revision Petition is allowed. There shall be no order as to costs.
_______________________ JUSTICE P.S.NARAYANA
Dated:15th December 2009 Note: Issue CC in two days. B/o dr
1 issue framed by the court
Whether the petitioner should be granted an opportunity to produce belatedly brought documents for inception.
Petitioner
P.S. Narayana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
