IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD THURSDAY, THE FIRST [1ST] DAY OF JULY TWO THOUSAND AND TEN Present: THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRP No.2955 of 2007 Between: Bhimanadi Trinadha Venkata Ranga Babu … Revision Petitioner And: Kuchampudi Subba Raju & another … Respondents THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRP No.2955 of 2007 ORDER: This revision is directed against the order dated 08.05.2007 in IA No.877 of 2007 in OS No.594 of 2004 on the file of the Principal Junior Civil Judge, Tadepalligudem, wherein the said application filed by the plaintiff under Order VII Rule 14 CPC for receiving document i.e., deposition of GPV Ranganayakamma in CC No.78 of 1986, was allowed imposing costs of Rs.50/-. 2. Heard the learned counsel for the revision petitioner-2nd defendant. None appears for the respondents. Perused the record. 3. The first respondent filed suit for permanent injunction restraining the petitioner herein-2nd defendant and first defendant from interfering with the peaceful possession and enjoyment of the plaint schedule property of 79 cents in RS No.161/1 of Kottapalli village. The defendants filed written statement contesting the suit. Necessary issues were settled for trial. At the time of trial, the plaintiff sought to file a document i.e., certified copy of deposition of GPV Rangayanakamma in CC No.78 of 1986 on the ground that in the said deposition Ranganayakamma deposed about the sale of the schedule property and the said witness is no more. Learned counsel for the petitioner herein would contend that the said document cannot be taken into consideration in evidence as per Section 33 of the Indian Evidence Act and the same does not have any evidentiary value in view of the decree obtained by the defendant in OS No.90 of 1992 on the file of the Junior Civil Judge, Tadepallegudem. 4. The question as to whether or not the said document i.e., certified copy of deposition of GPV Ranganayakamma in CC No.78 of 1986 is admissible in evidence and carries any evidentiary value is a matter to be considered at the time when the said document is sought to be exhibited in evidence. Present application is filed only for the purpose of receiving the said document at the time of trial, as the same was not filed along with the plaint. In order to condone the filing of the said document, the lower Court has imposed costs of Rs.50/- for receiving the document i.e., Certified copy of the deposition in CC No.78 of 1986. It is open to the petitioner to raise any objection permissible under law pertaining to the admissibility and relevancy of the document when the same is sought to be exhibited in evidence. There are no valid or sufficient grounds to interfere with the order of the lower Court. 5. In the result, the revision petition is disposed of. No order as to costs. ____________________ G.V.SEETHAPATHY, J Date: 01.07.2010 bss