THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CIVIL REVISION PETITION Nos.2583; 2584 & 2585 of 2009 DATED: 25-02-2011 Between: Uundralla Adinarayana & another. .... PETITIONERS And Lukalapu Savitramma @ Sayamma & another. .... RESPONDENTS COMMON ORDER: Civil Revision Petition No.2583 of 2009 is directed against the order, dated 31.03.2009, in I.A.No.72 of 2009 in O.S.No.30 of 2003 on the file of the learned Junior Civil Judge, Pathapatnam, wherein the said application filed under Order XVIII Rule17 CPC for recall of the plaintiff for adducing further evidence, was allowed on payment of costs of Rs.200/-. 2. Civil Revision Petition No.2584 of 2009 is directed against the order, dated 31.03.2009 in I.A.No.73 of 2009 in O.S.No.30 of 2003 on the file of the learned Junior Civil Judge, Pathapatnam, wherein the said application filed under Order XVIII Rule17 CPC for recall of the plaintiff for adducing further evidence, was allowed on payment of costs of Rs.200/-. 3. Civil Revision Petition No.2585 of 2009 is directed against the order, dated 31.03.2009 in I.A.No.74 of 2009 in O.S.No.30 of 2003 on the file of the learned Junior Civil Judge, Pathapatnam, wherein the said application filed under Order XVIII Rule17 CPC for recall of the plaintiff for adducing further evidence, was allowed on payment of costs of Rs.200/-. 4. 1st respondent herein filed the suit for declaration that she is the legally wedded wife of the deceased- Meeraswamy and that she is entitled to be appointed on compassionate grounds. Petitioners 1 and 2 filed a written statement contesting the suit. Issues were settled; evidence was adduced by both sides and the matter was posted for arguments. At that stage, 1st respondent herein filed I.A.Nos.72; 73 & 74 of 2009 for reopening the evidence on her side; for recalling herself for filing certain documents, namely ration card; voters’ list and caste certificate issued by the Mandal Revenue Officer. The trial Court allowed the said applications, subject to payment of costs of Rs.200/- in each application. Aggrieved by the same, the present Civil Revision Petitions are filed by the defendants. 5. Heard learned counsel for the petitioners. Perused the record. 6. According to the 1st respondent-plaintiff, she is the legally wedded wife of the deceased and in order to substantiate the said claim she intends to file the ration card, caste certificate and voters’ list. 7. Learned counsel for the petitioners would submit that the said documents are all obtained recently, long subsequent to the filing of the said suit, and they cannot be relied upon. The probative value of the said documents and whether or not they can be relied upon are matters to be considered by the trial Court at the appropriate stage. There cannot be any tenable objection for receiving the said documents in evidence, subject to proof and relevancy. No doubt, the applications are filed at a belated stage when the matters stood posted for arguments. The trial Court has therefore rightly compensated the defendants for the said delay on the part of the plaintiff and ordered costs of Rs.200/-. It is open to the petitioners- defendants to cross-examine P.W.1 with reference to the documents that are now sought to be filed by her. 8. In the circumstances, in the interest of fair trial and to provide an opportunity to the parties to place on record the entire material to enable the Court to adjudicate upon the dispute in an effective manner, it is considered that the 1st respondent-plaintiff can be permitted to reopen her evidence and recall herself to give further evidence and file documents mentioned in the petition. The impugned order passed by the trial Court, allowing the said applications on payment of costs, does not therefore call for any interference by this Court. The trial Court, however, shall dispose of the suit within a period of three months from the date of receipt of a copy of this order. 9. In the result, Civil Revision Petitions are disposed of, subject to the above direction. There shall be no order as to costs. _______________________ G.V.SEETHAPATHY, J 25th February, 2011. Tsy