MOORA CHINNA NARASIMHULU Vs. GEDDA KADIRAPPA

JUDGEMENT

(1.) This Revision is preferred against the orders passed by the learned Senior Civil Judge, Punganur in I.A.No. 126 of 2001 in A.S.No. 117 of 1999 refusing to receive the documents.

(2.) The petitioner herein is one of the appellants in A.S.No. 117 of 1999. The respondent herein filed a suit seeking declaration and permanent injunction against the defendant. The said suit was decreed against which an appeal has been preferred by the defendant. During the appellate stage, the defendant died and his legal representatives were brought on record. The 4th appellant, one of the legal representatives, filed I.A.No. 126 of 2001 seeking permission to receive certain documents. The said application, filed under Order XLI Rule 27 C.P.C and it was dismissed by the lower appellate Court by an order dated 15-2-2002 against which the present revision has been filed.

(3.) Learned counsel for the revision petitioner submits that the order of the Court below is wholly erroneous and contrary to law. In fact, the documents which were sought to be pressed into service at the appellate stage were already admitted during the interlocutory proceedings before the Court below, but, however, the same were not marked in the main suit. Therefore, receiving those documents at the appellate stage will not, in any way, prejudice the case of the respondents and thus he submits that the order of the Court below is liable to be set aside and that the lower appellate Court may be directed to receive the documents.