Panuganti Shakuntala Devi And Another VsPanuganti Prema

This Revision is directed against the Order dated 25.02.2021 in I.A.No. 53 of 2020 in O.S.No. 258 of 2019 on the file of the IV Additional District and Sessions Judge (II Fast Track Court) at Nalgonda.

Petitioners herein are the defendants and the respondent is the plaintiff. The respondent filed the suit for declaration of tile and perpetual injunction in respect of the suit schedule land and house and the said suit is pending trial. It is her case that due to unavoidable reasons, she could not file Aadhar Card No. 302304242650 of the deceased P. Jagannadha Rao, her Aadhar Card No. 843137944690, household card, election card of the deceased Sri P. Jagannadha Rao and her election card. Hence, she had taken out I.A. No. 53 of 2020 under Order VII Rule 14(3) read with Section 151 of the Code of Civil Procedure to condone the delay in filing the documents stated above and to receive them. The learned trial Judge, after elaborate consideration of the facts on record as well as the arguments advanced on behalf of both the parties and taking cue from the precedents set out by various High Courts, allowed the Application with costs of Rs.1,000/- to be payable to the opposite side.

Learned counsel for the petitioners submits that the Court below ought to have allowed the Petition only if sufficient cause is shown but not for mere asking.

Learned counsel for the respondent submits that the order under revision does not require any interference.

Perused the impugned order, wherein the learned Judge had recorded that the plaintiff had explained the delay that the subject documents were traced out recently and due to reasons beyond her control, she could not file those documents along with the plaint. It is further recorded that the trial is yet to commence and that no prejudice would be caused if the documents sought to be introduced now are allowed to be taken on record, as they would in fact, reveal the relationship of the plaintiff with the deceased alleged testator. Though learned counsel for the defendants - petitioners in the suit contended that the documents produced are fake, it is for the plaintiff to prove the veracity / authenticity of the same and if any doubt arises regarding their genuineness, the petitioners can question the same in the cross-examination of the witness concerned. Since the suit is for declaration of title over a particular property, keeping in view the fact that the parties thereto are inter-related and more so claiming to be the wives of the deceased Jagannatha Rao, it would not be proper for this Court to go on mere technicalities and deny the rights of a party without examining the documents relevant for the said purpose. Hence, this Court is of the view that the Order impugned does not warrant interference and the Revision is liable to be dismissed.

The Civil Revision Petition is accordingly, dismissed. It is needless to say that the learned IV Additional District and Sessions Judge at Nalgonda shall go into the merits of the matter and decide the rights / claims of the respective parties over the suit schedule property. No costs.

Miscellaneous Applications, if any shall automatically, stand dismissed.