KANAKARADDI Vs. RAMRADDI
LAWS(KAR)-2022-7-1175
HIGH COURT OF KARNATAKA
Decided on July 04,2022

Kanakaraddi Appellant
VERSUS
Ramraddi Respondents

JUDGEMENT

- (1.)The petitioner is before this Court, aggrieved of the impugned order dtd. 19/2/2021 passed on I.A. No. 17 and 18 in O.S. No. 63/2014.
(2.)The petitioner No.1 is the plaintiff No.1 before the trial Court. The suit is one for partition and separate possession. I.A. No. 17 was filed seeking permission to lead further evidence by reopening the examination of the plaintiff witnesses and I.A. No. 18 was filed under Order VII Rule 14(3) r/w Sec. 151 of CPC seeking to produce additional documents, namely, a wedding invitation, voters list, unregistered relinquishment deed, income certificate of plaintiff No.1, school certificate, mutation record, marriage card, mutation, record of rights in respect of Sy. No. 292 from the year 1962-63 to 1992-93. The main ground on which the trial Court has rejected both the applications is that the evidence of the defendants were concluded and the matter was posted for arguments and at that stage the applications were filed. The affidavit accompanying the application also does not show cause for the delay in production of the additional documents. Consequently, the applications are dismissed on the ground that there is no acceptable reason as to why the plaintiff no.1 could not produce said documents earlier.
(3.)Learned counsel for the respondents would contend that the suit was filed in the year 2014 and after lapse of six years, after evidence of both the sides were concluded and the matter was posted for arguments, at that stage the two applications were filed by the first plaintiff.


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