LAWS(APH)-2014-9-174

SHANKAR REDDY Vs. Y RAM REDDY

Decided On September 19, 2014
Shankar Reddy Appellant
V/S
Y Ram Reddy Respondents

JUDGEMENT

(1.) THIS Civil Revision Petition is filed under Article 227 of the Constitution of India feeling aggrieved by non -consideration of I.A. (SR). No. 2085 of 2014 in O.S. No. 2086 of 2013 filed by the petitioner, under Order XIII Rule 9(1) proviso -(a) (i) of the Code of Civil Procedure, for return of the original promissory note along with receipt marked as Ex.A -1 in the above -mentioned suit, by the learned VIII Additional Senior Civil Judge, Ranga Reddy District at NTR Nagar, to enable him to file the same in C.C. No. 122 of 2014 on the file of the learned X Special Metropolitan Magistrate, Hasthinapuram, Ranga Reddy District.

(2.) THE petitioner averred that he filed the above -mentioned suit for recovery of money based on the promissory note the wrongfully described himself as defendant in the cause title of this Civil Revision Petition). He has filed the above -mentioned I.A. under Order XIII Rule 9(1) proviso -(a)(i) of C.P.C., for an order to return the original promissory note along with the receipt marked as Ex.A -1, by permitting him to substitute the same with the certified copy, for the purpose of filing the same in a pending criminal case against the respondent.

(3.) THE grievance of the petitioner is that though the said I.A. was filed on 15.07.2014. the lower Court has not assigned number to it and passed any order thereon.