LAWS(APH)-2012-3-145

M R ANJANEYULU, Vs. R SUBRAMANYAM ACHARY,

Decided On March 15, 2012
M R Anjaneyulu, Appellant
V/S
R Subramanyam Achary, Respondents

JUDGEMENT

(1.) THIS Civil Revision Petition arises out of Order, dated 17 -10 -2011, in IA. No. 829 of 2011 in OS. No.1 39 of 2007, on the file of the Court of the learned Junior Civil Judge, Palamaner, Chittoor District. The respondent filed the above -mentioned suit for recovery of a certain amount. The petitioner, who is defendant in the said suit, filed written statement. Thereafter, when the case was coming up for the cross -examination of the respondent/plaintiff, the petitioner filed the above -mentioned IA for permitting him to file registered sale deed, dated 26 -12 -1994, and a registered notice. The said application was dismissed by the lower Court on the sole ground that the petitioner has not come forth with proper reasons for permitting him to file the proposed documents. Aggrieved thereby, the petitioner filed the present Civil Revision Petition.

(2.) EVEN though notice was served on the respondent, there is no representation for him at the hearing.

(3.) IN his affidavit, the petitioner has stated that the suit schedule property originally belonged to and was in possession and enjoyment of one Smt.Subbamma, W/o late N.R.Sreenivasulu, and her son N.S.Sreeramulu; that the said Subbamma and her son sold the suit schedule property to the petitioner under registered sale deed, dated 26 -12 -1994, and; that due to oversight, the said document could not be filed earlier. It was also stated that the petitioner has received notice from the Counsel for the respondent/plaintiff without the advocate's signature and that both these documents are essential for effectively defending the suit.