JUDGEMENT
CHALLA KODANDA RAM, J. -
(1.)The order dated 22.08.2016, in I.A. No.629 of 2016 in O.S. No.30 of 2004, passed by the learned Senior Civil Judge, Gudur, in dismissing the application made by the petitioner, invoking Order 7, Rule 14 (3) read with 151 of Code of Civil Procedure, 1908 (in short "CPC") seeking leave of the Court to file a set of documents, is challenged in this Civil Revision Petition.
(2.)The petitioner is the plaintiff, who filed a suit seeking specific performance of an agreement of sale, dated 09.03.2001, alleged to have been executed by the defendant company, being represented by the then Managing Director one Sri P.K. Ramesh Narayana. Originally, the suit was filed against the defendant company represented by one Sri P.K. Rangaramanujam. Subsequently, 2nd respondent was added as a party. Sometime in Aug., 2016 petitioner filed I.A.No.629 of 2016 with a prayer to -
(a) Condone the delay in filing the documents mentioned in the list and they may be marked as exhibits on behalf of the petitioner.
(b) ...........
(c) ............
(3.)In the affidavit filed in support of the said Interlocutory Application, petitioner had stated as follows :
"I filed the above said suit for specific performance of agreement of sale basing on the sale agreement dated 09.03.2001 executed by the defendants company being represented by the then Managing Director P.K. Ramesh Narayana. I was examined as PW-1 and got marked Ex.A1 to A11 on my behalf. In the cross examination the 2nd defendant did not speak about the dismissal of the interim injunction application in the suit filed by him and pleaded ignorance of the same. The Resolution copy dated 07.03.20101 was returned by the Honourable Court along with another document. To prove the possession and enjoyment of the schedule mentioned land by the subsequent purchaser I have obtained true copies of adangals and 1 B register in their favour along with true copies of title deed and pattadar pass books. I am advised to file those documents to prove my case. I have sent the original agreement of sale for impounding and the orders impounding the said document is also obtained recently. Unless the said original agreement of sale is marked I cannot succeed in this case. These documents were obtained recently and further as the respondents have denied the possession it is just and necessary to file those documents to prove my case."
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