GHANSHYAM CHAUHAN Vs. CLOTH MERCHANTS ASSOCIATION WARANGAL

JUDGEMENT

(1.) Heard both the counsel.

(2.) The revision petitioners filed an application in I.A.No.1408 of 2005 in O.S.No.461 of 2004 on the file of Principal Senior Civil Judge, Warangal under Section 151 of the Code of Civil Procedure read with Rule 45 of the A.P.Civil Rules of Practice to permit them to file additional affidavit in I.A.No.1056 of 2004. In the affidavit filed in support of the application it was stated that in the light of several irrelevant documents which had been filed an opportunity may be given to confront and submit a reply by way of additional affidavit in I.A.No.1056 of 2004. It is also brought to the notice of this Court that no proposed additional affidavit had been enclosed and except the reasons specified supra no other reasons had been mentioned in the affidavit filed in support of the application praying for the leave.

(3.) Rule 45 of the A.P.Civil Rules of Practice deals with Notice of Filing. It reads as hereunder: " The party filing an affidavit intended to be read in support of an application shall give not less then two days notice thereof to the other parties, who shall be entitled to inspect and obtain copies of the same, and to file counter-affidavits and shall given notice thereof to the applicant, who may inspect and obtain copies of the same; and file affidavits in reply but except with the leave of the court no further affidavit shall be filed or read. If any party fails to give notice of filing an affidavit the court may grant an adjournment of the hearing and order the party in default to pay the costs thereof."