K V K AMARNAH Vs. P N ESWARAIAH

JUDGEMENT

(1.) This revision petition is directed against the order dated 18.06.2008 in I.A. No. 132 of 2008 in O.S. No. 11 of 2000 on the file of the Court of the Senior Civil Judge, Hindupur. The revision petitioner is the plaintiff. The suit is filed for partition of the suit schedule properties. While the suit was coming up for trial, the plaintiff filed I.A. No. 132 of 2008 with a prayer to receive a copy of the partition list dated 01.07.1996 and to mark the same as an exhibit on behalf of the plaintiff as secondary evidence. The 3rd defendant/third respondent herein opposed the same and the Court below by order dated 18.06.2008 dismissed the application. Aggrieved by the same, the present revision petition is filed by the plaintiff.

(2.) I have heard the learned Counsel for both the parties and perused the material available on record.

(3.) It is to be noticed that the suit is of the year 2000. Though in the plaint initially filed there was no reference to the partition list dated 01.07.1996, the plaint was amended by order dated 17.06.2005 in I.A. No. 96 of 2005 inserting a specific plea with regard to the document dated 01.07.1996 and also stating that the original was with the 3rd defendant. Subsequently, the plaintiff filed I.A. No. 343 of 2005 seeking a direction to the 3rd defendant to produce the said original document dated 01.07.1996. However, in view of the plea taken by the 3rd defendant that the document was not in his possession, the said I.A. No. 343 of 2005 was closed by order dated 16.11.2005.