BADA BODAIAH Vs. BADA LINGASWAMY

JUDGEMENT

(1.) The Civil Revision Petition is filed against an order dated 4.7.2002 made in LA. No.548 of 2000 in O.S. No.182 of 1996 refusing to receive certain documents filed by the plaintiffs-petitioners.

(2.) The petitioners field O.S. No.182 of 1986 for perpetual in injunction. They also obtained an ad interim injunction, which was ultimately confirmed by this Court by ordering status quo in CRP No.3857 of 1999 dated 27.1.2000. The petitioners examined P.Ws.1 to 3 and closed their evidence. When the matter was coming up for the defence evidence, the petitioners filed I.A.No.548 of 2000 under Rule 2 of Order XIII of the Code of Civil Procedure, 1908 ('CPC' for brevity) praying the Court to receive the lease deed, sale deed and certified copies of the pahanies for the year 1971-74 by condoning the delay in filing the same. They alleged that the documents which were filed along with LA.No.548 of 2000 were already filed before the Inams Tribunal duly paying the penalty and that originals were misplaced at the time of filing of the suit. As they were traced recently, the application was filed.

(3.) The respondents/defendants opposed the application inter alia contending that the sale deed was never filed before the Inams Tribunal and that the plaintiffs never mentioned about the documents in the plaint and other pleadings.