SETTI SIDDAMMA Vs. S RAMULU

JUDGEMENT

(1.) This civil revision petition is filed by the plaintiff in O.S. No.42 of 1999 on the file of Senior Civil Judge, Narayanpet, aggrieved by the order dated 30.7.2004 in C.F.R.No.557 of 2004.

(2.) Petitioner filed the suit for declaration of title and perpetual injunction in respect of the suit schedule property. Respondents filed their written statement. They could not file certain documents along with the written statement. Therefore, they filed LA. No.27 of 2004 under Order VIII Rule 1(3) C.P.C. to receive the documents. The Trial Court ordered the same and received the documents. The petitioner filed a revision before this Court challenging the same, and the revision was dismissed.

(3.) The evidence on behalf of the petitioner was closed. On behalf of the respondents, an affidavit in lieu of chief-examination was filed. In that, reference was made to various documents that were received by the Trial Court through its order dated 19.2.2004 in LA.No.27 of 2004. The petitioner filed a memo dated 2.7.2004 taking objection to the reference to various documents in the affidavit filed by D.W.I, in lieu of his chief-examination. Through its order under revision, the Trial Court overruled the objections, and held that they can be considered at the time of cross-examination of D.W.I and not at a stage, earlier thereto.