A N SARASWATHI Vs. G MUNIKRISHNA REDDY

JUDGEMENT

(1.) The appellant herein was the original plaintiff who had instituted O.S. 273 of 1995 in the Court of the Principal Subordinate Judge, Tirupathi. The suit was filed by the plaintiff against the respondent-defendant herein for permanent injunction. The plaintiff had also filed I.A. 1327 of 1995 in O.S. No.273 of 1995 seeking interim relief. Initially the interim injunction was granted but subsequently on appearance of the defendant and on filing of the counter, it was vacated. Aggrieved by the aforesaid order of the learned Subordinate Judge, the appellant-plaintiff filed the present appeal.

(2.) Learned Counsel for the appellant, Mr.P.S.Narayana, submitted at the Bar that the appellant-plaintiff had filed certain documents in order to establish his claim for interim injunction. Similarly the respondent-defendant had also filed certain documents to rebut the claim made by the plaintiff. These documents were not marked by the learned Judge. Some of the documents filed by the respondent-defendant were inadmissible. In spi te of this position, those documents were taken into consideration without marking the same and the impugned order came to be passed.

(3.) Learned Counsel for the appellant herein invited my attention to the Civil Rules of Practice, especially Rule 115 of Civil Rules of Practice, which gives the procedure to be adopted in marking the documents. Learned Counsel further submitted that this procedure is also applicable for interlocutory applications. Learned Counsel invited my attention to Section 141 of the C.P.C., which specifically lays down as follows:-