LAWS(APH)-2002-2-57

NARSI REDDY Vs. RAMI REDDY GOPAIAH

Decided On February 25, 2002
NARAI REDDY Appellant
V/S
RAMI REDDY GOPAIAH Respondents

JUDGEMENT

(1.) Plaintiffs in O.S. No.10/95 on the file of Senior Civil Judge, Nagarkurnool filed this revision petition.

(2.) During the evidence of D.W.3, the witness produced two documents, which were marked as Exs.X-1 and X-2 by the trial court. The order of the trial court in marking those two documents as Exs.X-1 and X-2, is challenged in the present revision petition. The suit is filed for declaration etc., relating to immovable property and the defendants are contesting the suit. On the application filed by the defendants, the court issued summons to the witnesses D.Ws.2 and 3 to appear before the court and give evidence While giving evidence, the witness D.W.3 produced two documents. As per the recitals in those documents, the parties to the suit executed two separate agreements in favour of the village eiders named in the documents to settle the dispute between the parties. Those agreements, which can be merely called as arbitration agreements, are executed by the parties after the suit in O.S. No.10/95 was filed by plaintiffs and before the defendants filed the written statement.

(3.) It is the contention of the plaintiffs-revision petitioners that in the written statement there is no whisper about any settlement and equally there is no whisper about the two documents Exs.X-1 and X-2 and therefore, they are not relevant documents.