Civil Revision Petition No. 4766 of 2011 · High Court

Petitioner-defendant preferred the present Civil Revision Petition challenging the order dated 17.10.2011 passed in I.A.No.810 of 2011 in O.S.No.115 of 2009 by the Principal Junior Civil Judge, Dhone. Heard. By the impugned order, the learned Judge dismissed the application preferred by the petitioner herein under Order VIII Rule 1-A (3) and 151 of the Code of Civil Procedure seeking to condone the delay in filing the petition schedule documents and to receive them. The learned counsel for the petitioner submitted that the trial Court erroneously dismissed the application on the ground that the documents are not relevant. The learned counsel for the respondent submitted that the documents relied by the petitioner herein are very much in possession of the petitioner herein even prior to filing of the suit. But, the petitioner has not taken any steps to introduce those documents at the earlier stage and the impugned petition is filed only to drag on the proceedings in the main suit. This Court considered the rival contentions and also perused the material on record. The documents sought to be received are way bills, receipts, etc. pertaining to some business transactions. This Court is of the considered view that the documents already in possession of the party cannot be formed as contemporaneous documents and there is every possibility of manipulation of the signatures concerned. Further, the main suit is filed for recovery of money. In these circumstances, the trial Court has rightly rejected the plea of the petitioner and the impugned order does not call for any interference of this Court. Hence, the Civil Revision Petition is dismissed. There shall be no order as to costs. Dated 13th February, 2012 ________________________ JUSTICE RAJA ELANGO