Telangana High Court
CRP/6530/2012 of Gummadi Ratna raju, Vs Gaddam Padma on 31 December 2012
G. KRISHNA MOHAN REDDY C.R.P.No. 6530 of 2012 ORDER: In this Civil Revision Petition (CRP) assailed order dated 27-09-2012 passed in I.A.No.1431 of 2011 in A.S.No.37 of 2011 on the file of the Court of Senior Civil Judge, Bapatla (IA). The petitioner herein is also the petitioner in the IA
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Conclusion
ORDER:
In this Civil Revision Petition (CRP) assailed order dated 27-09-2012 passed in I.A.No.1431 of 2011 in A.S.No.37 of 2011 on the file ofthe Court of Senior Civil Judge, Bapatla (IA).
The petitioner herein is also the petitioner in the IA and appellant in theAppeal whereas the respondents herein are also the respondents in the IA andAppeal. For convenience sake, I refer the parties as arrayed in the IA.
The respondent filed the suit against the petitioner for recovery ofmoney basing upon a promissory note which was decreed aggrieved by whichthe petitioner filed the Appeal. During the pendency of the Appeal, he filed theIA for sending the suit promissory note along with his admitted signatures tohandwriting expert for necessary examination and report. The Court below,after hearing the parties, dismissed the IA on the ground that it was filed at abelated stage.
Heard.
Admittedly during the stage of the trial also similar application was filedbut it was dismissed and that order became final. The matter can be disposedof by taking recourse under Section 73 of the Indian Evidence Act (for short‘the Act’). Therefore, filing of the same application in the Appeal is notentertainable. The Court below properly appreciated the matter. I do not findany reason to interfere with the impugned order.
In the result, the Civil Revision Petition is dismissed observing that theappellate Court below can examine the matter in the light of Section 73 of theAct. Miscellaneous petitions pending, if any, shall stand closed. No costs.
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G. KRISHNA MOHAN REDDY, J