AVADURTHI RAJAMALLA Vs. AVARDURTHI HANUMANTHU

JUDGEMENT

(1.) This revision has been filed against the order dated 8-9-1997 in LA.No.171 of 1997 in O.S.No.86 of 1990 on the file of the District Munsif, Yellandu.

(2.) Mr. Prasad, learned Counsel for the petitioners, submits that the petitioners who are the defendants in the suit, filed an application before the trial Court under Order 13, Rules 1 and 2 C.P.C. to receive the xerox copies of stamp agreement dated 11-12-1982 andpaper agreement dated 27-9-1987 by condoning the delay in filing the same and the trial Court illegally rejected the application.

(3.) It is submitted that the original suit has been filed in the year 1990 for ejectment of the plaintiffs (sic defendant) from the suit property, which is said to be 'barber' shop. In the affidavit filed in support of the application before the trial Court, it is stated that the documents being filed are xerox copies which were handedoverto petitioner's brother-in-law by name Jampala Satyam for safe custody, and he had misplaced them all these years, and the same could not be filed earlier as they were not traced, but those documents were mentioned in the evidence of the defendants. These documents are traced yesterday by the petitioners' brother-in-law after hectic search and they were handedovcr to the petitioners for filing in the Court. The delay in filing the documents is not intentional. As such the documents should be received in evidence by condoning the delay.