JUDGEMENT
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(1.)This Civil Revision Petition is filed by the plaintiff under Article 227 of the Constitution of India, assailing the
order dtd. 29/4/2021 in I.A. No.219 of 2021 in OS No.23
of 2003 on the file of the Principal Senior Civil Judge,
Warangal.
(2.)This application in IA No.219 of 2021 was filed by the defendants 1 & 2 under Sec. 151 of the Civil Procedure Code, 1908 (for short 'CPC') to de-exhibit the document
marked as Ex.A.1-unregistered sale deed, dtd.
14/4/1993. The trial Court has allowed the said application and de-exhibited Ex.A.1 subject to payment of
costs of Rs.10,000.00 payable by the defendants 1 & 2 to
the plaintiff, within a week from the date of the order.
(3.)Feeling aggrieved by the said order, the plaintiff has filed this civil revision petition alleging that the application
filed u/s.151 of CPC is not maintainable, but the trial
Court has failed to consider the same, the defendants 1 &
2 ought to have filed an application under Order-13 Rule-3 of CPC. The defendants 1 & 2 have not raised any such
objection in the cross-examination of PW.1 or in the
written statement about the genuineness of Ex.A.1 and
that they have also filed IA No.176 of 2019 to send the said
document to the expert at Nasik Printing Press, but the
same was dismissed. Aggrieved by the same, the
defendants have filed CRP No.216 of 2020 it was also
dismissed confirming the orders of the trial Court. The
Ex.A.1 was executed by the General Power of Attorney
holder of the pattadars and in view of the death of vendors
of the petitioner, the GPA is ceased and if the Ex.A.1 is deexhibited, nothing remains in the suit and requested to set
aside the impugned orders.
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