N NARAYANA REDDY Vs. G R SUBBA REDDY

JUDGEMENT

(1.) The C.R.P. is filed against the orders of the learned Junior Civil Judge, Tadipatri in LA. No.78/99 in O.S. No.280/97, dated 16th March, 1999.

(2.) Petitioner is the defendant. He filed an application under Order 13 Rule 2 of C.P.C. praying the Court to receive the certified copies of certain documents by condoning the delay. The learned Judge dismissed the same on the ground that these documents are irrelevant and hence they cannot be accepted. But, only to the extent of document No.5, the application was allowed, the rest of the documents were refused to be accepted, against which the present C.R.P. is filed.

(3.) The learned Counsel for the petitioner submits that the application is only filed under Order 13 Rule 2 C.P.C. for receiving the documents by condoning the delay, but the learned Judge went into the aspect of admissibility of the evidence under Sec. 43 of the Indian Evidence Act, which is not the domain while considering the matter under Order 13 Rule 2 C.P.C. Therefore, he submits that the order of the Court below is illegal and contrary to law. The learned Counsel for the respondents submit that the order is in accordance with the provisions of the Civil Procedure Code and the same need not be interfered with.