LAWS(APH)-2015-6-101

R. SARASWATHI Vs. P. RAJAMANIKYAM AND ORS.

Decided On June 16, 2015
R. SARASWATHI Appellant
V/S
P. Rajamanikyam And Ors. Respondents

JUDGEMENT

(1.) THIS Revision is filed challenging the order dated 12.12.2014 in I.A. No. 901 of 2014 in O.S. No. 627 of 2009 of the I Additional Junior Civil Judge, Chittoor. Petitioner herein is the plaintiff in the suit. She filed the suit for perpetual injunction against the respondents to restrain them from interfering with her peaceful possession and enjoyment of the plaint schedule property. Written statement was filed by the second respondent on 19.04.2010 opposing the suit claim. Trial commenced. Seven witnesses were examined on behalf of the petitioner. Evidence of the petitioner was closed. At that stage, the respondents filed I.A. No. 901 of 2014 under Order 8 Rule 1(3) CPC to permit them to file eight documents, they are:

(2.) IN the affidavit filed in support of the application, it is stated by the first respondent that these documents were traced out along with certain old papers and that is why they could not file them earlier.

(3.) BY order dated 12.12.2014, the Court below allowed the said application. Instead of considering whether the reason given by the first respondent as to the delay in filing the documents is a genuine reason or not, it went into the issue whether the documents require registration or not and allowed the application partly with regard to documents mentioned at Serial Nos. 1 to 5 and 7.