HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 1691 of 2010 Date: 27-01-2011 Between: M. Janaki Rama Rao ……. Petitioner and Mohd. Ismail and another ……… Respondents HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 1691 of 2010 ORDER: The petitioner is the appellant in the lower Court, who filed this Civil Revision Petition under Section 115 of C.P.C., inter alia, seeking to assail the correctness of the dismissal order, dated 24-02-2010 passed in I.A.No.3661 of 2008 in A.S.No.91 of 2007 on the file of the Chief Judge, City Civil Court, Hyderabad, which is purported to have been filed under Order 13 Rule 10 of C.P.C. seeking to call for certain documents. The Court below, after contest and after going into the merits, did not find favour and dismissed the Application. Heard both sides. Having heard the counsel and also on perusal of the material available on record, it is seen that the present Application is almost like an Application for receiving of additional evidence. All such Applications necessarily have to be considered only along with the Appeal, but not before the Appeal is taken up. It is only when the Appeal is heard on merits from both sides, the relevancy and exigency for such exercise could be more aptly appreciated and can be taken recourse, but not otherwise. In view of the same, the Civil Revision Petition is allowed. The order, dated 24-02-2010 passed in I.A.No.3661 of 2008 is set aside. The matter is remitted back to the Court below to take up the I.A. along with the main Appeal and dispose of. No order as to costs. _________________ B. PRAKASH RAO, J Date: 27-01-2011 YCR