JAI SIHA Vs. DEEWAN RANVEER SINGH AND ANOTHER

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against order dated 18.07.2011 in I.A. No. 4083 of 2010 in O.S. No. 169 of 2006, passed by the Chief Judge, City Civil Court, Hyderabad, wherein the Court below dismissed the application filed by the revision petitioner under Order VIII Rule 1A(3) read with Section 151 CPC requesting to grant leave to the revision petitioner/first defendant to file the petition listed documents and receive the same on file by condoning the delay in filing the same. Brief facts which are necessary for disposal of the Civil Revision Petition are as follows:

(2.) COUNTER affidavit was filed by the first respondent stating that the Will dated 10.06.1994 is a created document brought into existence to usurp the suit schedule property which belongs to the first respondent/plaintiff. The Will with the back date is created by the petitioner/first defendant and the same had not seen the light of the day since 1994. The mother of the first respondent/plaintiff and the petitioner was not sane in the year 1994 and, therefore, the question of her executing a Will much less the Will dated 10.06.1994 is false and baseless. The petitioner cannot as a matter of right file documents without disclosing valid reasons and sought for dismissal of the petition.

(3.) LEARNED counsel for the revision petitioner contends that Order VIII(1A)(3) does not provide for giving reasons for receiving the documents at a later stage. As such, the Court below should have received the above documents, since they are very crucial and important documents for deciding the rights of the revision petitioner.