THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CIVIL REVISON PETITION No.3002 of 2009 ORDER: 1 This revision is directed against the order passed by the learned Senior Civil Judge at Gadwal in I.A.No.1166 of 2009 in O.S.No.12 of 2006 dated 10.06.2009 whereby the petition filed by the Petitioners under Order VII Rule 14(3) of CPC praying to receive certain documents is rejected. 2 Brief facts are that the Petitioners, who are the plaintiffs before the court below, herein instituted the said suit for declaration of title and recovery of possession. The Respondents are contesting the said suit by filing written statement. Thereafter the issues were settled and the plaintiffs’ side examination also was closed and the matter is posted for defendants’ side evidence. At that juncture, the Petitioners came forward with three documents titled as death certificate, discharge certificate and family members certificate. The said documents though are available even prior to the date of the institution of the said suit, the same could not be filed and the only examination offered by the Petitioners for filing the said documents after the institution of the said suit was that they were not available. Not satisfied with the said explanation offered by them, the court below refused to entertain the said application and dismissed the same. As stated supra, aggrieved by the said order of dismissal, the plaintiffs preferred this revision. Heard. Having considered the submissions and also perusing the order impugned in this revision, this court is of the view that the court below is perfectly justified in passing the order impugned in this revision. When once those documents are very much available with the Petitioners even by the date of institution of the suit and they have not chosen to file the same along with the suit, they should have offered a detailed explanation for not filing the same at the time of institution of the suit. But the only explanation offered by them is that the said documents were not available. In my considered view also the said explanation offered by the Petitioners is not satisfactory. However, it should be remembered that this is a suit instituted by the Petitioners themselves and it is one for declaration of title and recovery of possession, where, admittedly, substantive rights are involved and though technically the court below is justified in rejecting the petition, the same shall not be rejected on mere technicalities. For that, in my considered view, the Petitioners may be penalized. Accordingly this revision is allowed, the order impugned in this revision is set aside on payment of costs of Rs.5,000/- to be paid to the defendants / Respondents directly within a period of four weeks from the date of receipt of a copy of this order. On ascertaining the fact that the said costs are paid, the court below may proceed further with the suit in accordance with the law. There shall be no order as to costs. --------------- 04.03.2010 Kvsn