NARAYANAN NAIR Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This Civil Revision Petition filed under S. 115 of the Code of Civil Procedure is treated as defective by the Registry since the revision petitioner has produced two annexures along with the memorandum of that Revision Petition. The Registry relied on the directions issued by this Court on 29.5.1995 in C.R.P. No. 799 of 1995 which reads as follows:

(2.) We have heard the learned counsel for the revision petitioner and have taken note of different aspects which arise for consideration in the context.

(3.) Rule 45 of the Rules of the High Court of Kerala, 1971, for short, "High Court Rules", provides that a Revision Petition shall be accompanied by such documents, including certified copies etc., as are enlisted in that rule. That does not exclude producing as annexures, such materials as are already part of the records of the case and are required to be looked into for considering the Revision Petition either at the stage of admission or otherwise. As in the case in hand, earlier orders passed in the same case, either by the court of first instance or by the superior courts, may be required to be looked into even at the stage of considering a Civil Revision Petition for admission. Similarly, if a matter arises under S. 115 C.P.C. from proceedings where Commissioner's report and other materials which are already on record would be relevant or required to be considered at admission, there is no rule which precludes the placing of such materials for consideration of the High Court as annexures to the Civil Revision Petition. All that is to be guarded is that no material to be treated as additional evidence, that is to say, evidence over and above the materials already admitted in the case, either before the court below or in higher court in an earlier round of the same litigation, should be permitted to be placed except following due procedure prescribed in Order XLI R. 27 C.P.C.