IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION NOs.4701, 5516 AND 5586 OF 2007 DATED:03.12.2010 Between: Sunil Kumar Jain … Petitioner And Dinesh M. Jain and others … Respondents THE HON’BLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION NOs.4701, 5516 AND 5586 OF 2007 COMMON ORDER: Since these three revision petitions are directed against three separate orders dt.3.9.2007 passed by the Additional Judge, City Small Causes Court, Hyderabad, in I.A. Nos.170, 171 and 172 of 2007 respectively, in I.P. No.58 of 2005, and are inter-connected, they are heard together and are being disposed of by this common order. The petitioner filed the I.P. No.58 of 2005 to declare him as insolvent. At the stage of examination of witnesses, he filed the three applications – the first one to receive certain documents and to reopen the evidence of P.W.1 and to permit him to examine P.W.2; the second one to mark certain documents; and the third one to reopen the case for leading evidence of P.W.2, respectively. The Court below by taking into consideration the delay in filing such applications, dismissed the same. Hence, these revisions. Heard the learned counsel for the parties. It is seen that the documents sought to be received and marked, according to the petitioner, are relevant to establish his claim, whereas the respondents case is that they cannot be received and marked at this belated stage. Be that as it may, in applications of this nature, the relevancy or otherwise of the merits cannot be gone into. However, keeping in view the principles of natural justice and to provide an opportunity to the petitioner, it is desirable to permit him to file the documents, and they can be received and marked. However, such receipt of documents and marking of the same would be subject to proof and relevancy and the respondents herein have also right to rebut the same. In that view of the matter, the Civil Revision Petitions are allowed and the impugned orders are set aside. I.A. Nos.170, 171 and 172 of 2007 respectively, in I.P. No.58 of 2005, on the file of the Additional Judge, City Small Causes Court, Hyderabad, stand accordingly allowed. The lower Court shall dispose of the I.P. within one month from the date of receipt of a copy of this order. No costs. _______________________ B. PRAKASH RAO, J 03.12.2010 bnr