YATAM VENKATESWAR Vs. THURKA NARSIMHA REDDY

JUDGEMENT

(1.) This civil revision petition is filed under Article 227 of the Constitution of India. The petitioners herein are the plaintiffs, who seek to assail the orders in I.A. No.371 of 2003 in A.S. No.2 of 2000, dated 23-11-2001 on the file of the Court of Senior Civil Judge, Jagtial, Karimnagar District, dismissing their application filed under Order XLI, Rule 27(i)(b) read with Section 151 of the Code of Civil Procedure, seeking to receive the certified copies of pahanies for the year 1986-87, 1985-86, 1984-85, 1983-84, 1982-83, 1981-82, 1980-81, 1979-80, 1978-79, 1977-78, 1976-77, 1975-76, 1969-70, 1970-71 and 1971-72, holding that the petitioners failed to satisfy that the Trial Court refused to admit the evidence which ought to have been admitted, if such evidence is not within the knowledge of the petitioners after exercise of due diligence and the Court requires for just decision.

(2.) A brief narration of facts necessary for appreciating the contentions raised herein may be set out.

(3.) The petitioners have filed an appeal against the judgment and decree in OS No.585 of 1988 on the file of the Court of District Munsif, Metpalli and the said appeal is pending adjudication before the Senior Civil Judge, Jagtial. Petitioners came to know that real entries of the above pahanies are suppressed by the respondent, and therefore, they obtained certified copies of the above pahanies in respect of suit property. After obtaining the certified copies of pahanies, petitioners filed an application to receive the same as additional evidence to disprove the pahanies under Exs.A3 to A29 filed by the respondent and for the purpose of bringing the truth to disclose the fraud played by the respondent on the Court below and on them.