THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P. No.4738 of 2009 Date of Order: 08-09-2011 Between: M/s. Abhiram Super Market rep. by Managing Partner, Katragadda Sreedhar. ..Petitioner and 1. Smt. P.Annapurnamma and others ..Respondent The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.4738 of 2009 Oral order: Petitioner/first defendant filed this revision under Article 227 of the Constitution to revise the order of the V Additional Junior Civil Judge, Vijayawada made in I.A.No.363 of 2009 in O.S.No.668 of 2004, dated 07-09- 2009 dismissing the petition filed by the petitioner/1st defendant to reopen the matter for the purpose of marking Ex.B2 unregistered sale deed by recalling him. Admittedly, the suit was instituted in the year 2004 by the plaintiff, who is a senior citizen aged 69 years at the relevant point of time and registered lease deed was marked as Ex.B1 on behalf of the petitioner and denied unregistered sale deed as the same cannot be marked in evidence. After closure of the evidence when the suit was coming up for arguments the present IA is filed. Proviso 3 to Section 92 of the Indian Evidence Act, 1872 excludes oral evidence or separate oral agreement in continuation of the registered agreement. In view of the same, the impugned order passed by the lower court dismissing IA does not suffer from any illegality warranting interference. The C.R.P. is accordingly dismissed. No costs. _________________ A.GOPAL REDDY, J. 08-09-2011 Murthy