K SEETHARAMAIAH Vs. J SURYA PRAKASA RAO

JUDGEMENT

(1.) These three Civil Revision Petitions arise out of a common order.

(2.) The plaintiffs in O.S.No. 98/80 on the file of the Subordinate Judge's Court, Markapur are the petitioners herein, who are questioning the order made in I.A.Nos. 8/91,9/91 and 10/91 dismissing the petitions filed by them. The suit was filed for declaration of title in respect of Ac. 19-00 cents in S.No.468 and for permanent injunction.

(3.) The suit was originally dismissed. The plaintiffs carried the matter in appeaa-A.S. 1/83 before the High Court. The High Court allowed the appeal and remanded the matter to the lower Court. While remanding the matter, the learned single Judge observing that as the trial Judge has not properly applied his mind to the facts and circumstances of the case, directed the trial Court to dispose of the matter afresh. After remand, the peritioners filed three applications viz., I.A.8/91 under Order 16 Rule 6 C.P.C. to summon witnesses and to produce documents; I.A.9/91 under Order 18 Rule 17 C.P.C. to recall P.Ws.1,5 and D.Ws.2,3; and I.A.No.10/91 under Order 13 Rule 2 C.P.C. to condone the delay in filing the documents and to receive the same in evidence. The lower court dismissed I.A.No.10/91 holding that there is no proper and convincing reason for not filing the documents previously in the suit As I.A.No. 10/91 was dismissed, consequently, the other two applications were also dismissed. Challenging these three orders, the above Civil Revision Petitions are filed.