HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO CIVIL REVISION PETITION No. 1988 OF 2014 DATED 5TH AUGUST, 2014.
BETWEEN D.Shakuntala …Petitioner and K.Kalidas ….Respondent HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO CIVIL REVISION PETITION No. 1988 OF 2014
ORDER:
This Civil Revision Petition is filed questioning the docket order dated 13.02.2014 passed in I.A.No. 146 of 2013 in OS.No. 45 of 2013 by the learned Junior Civil Judge, Adilabad.
The petitioner is the plaintiff in the suit. He filed the aforesaid application to direct the respondent/defendant to produce the original agreement of sale dated 21.01.1998. The case of the respondent/defendant is that he never entered into the alleged agreement of sale with the petitioner/plaintiff and that the Xerox copy filed by the petitioner does not bear his signature and he is not a party to the said document. The lower Court relying on the same noticed that the copy of the said document does not contain the signature of the respondent/defendant and that when the respondent/defendant himself denies the possession of the said agreement of sale, no direction could be issued for production of the non-existing agreement of sale and accordingly dismissed the application filed by the petitioner observing that the stand taken by the parties would be decided during the course of trial. Having regard to the facts and circumstances of the case, I see no error committed by the Court below in dismissing the application.
The learned Counsel for the petitioner submits that the note mentioned at the end of the decree that the parties should apply for return of the exhibits or otherwise the record will be liable to be destroyed after three years indicates that the main suit itself was disposed of. It is clearly a misconception. The note was made in the usual drafting of the decree and it may not be construed that the suit itself was disposed of.
The Civil Revision Petition is dismissed. As a sequel to the dismissal of the Civil Revision Petition, miscellaneous petitions pending consideration if any therein shall stand closed. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO Dated 5th September, 2014. Msnro