JUDGEMENT
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(1.)This Civil Revision Petition is directed against the order dated 22-7-2003 made in LA. No.476 of 2003 in O.S. No.720 of 2001 by the learned I Additional Junior Civil Judge, Visakhapatnam.
(2.)The learned Trial Judge partly allowed the application filed by the petitioner herein under Order VIII Rule I(3) of the Code of Civil Procedure (for short 'the Code') to receive certain documents. The learned Trial Judge having allowed the application in part received documents 1 to 3, 5 and 9 only on payment of costs of Rs.50.00 to the other side. The learned Trial Judge did not receive the documents 4 and 6 to 8 on the ground that some of them are not admissible in evidence and some are merely Xerox copies.
(3.)In this civil revision petition, the learned Counsel for the petitioner, Sri P.Satyanarayana, contended that the learned Judge committed an error in deciding the question as to the admissibility of the documents even at the threshold stage and the same is impermissible in law. The learned Counsel contended that while considering the application to receive the documents, the Trial Court is required to see as to whether sufficient cause is shown for the delay in filing and bringing those documents on record, but it cannot decide about the admissibility or otherwise of such documents. The said question is required to be considered at subsequent stage for which purpose both parties shall have an opportunity to project their contentions as regards the relevancy and admissibility of the documents.
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