IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SEVENTEENTH day of june TWO THOUSAND TEN PRESENT THE HONOURABLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION Nos. 5482 & 5512 OF 2007 Between : CRP.No. 5482 of 2007 Kambhampati Guravaiah & Anr. …. Petitioner V/s. Kanala Balavenkata Ramesh …. Respondent Between: CRP.No. 5512 of 2007 Kambhampati Ananda Rao … Petitioner V/s. Kanala Gurumurthy & Anr. … Respondents THE HONOURABLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION Nos. 5482 & 5512 OF 2007 COMMON ORDER : Since common questions of fact and law are involved in both these revision petitions, they were clubbed and heard together and are being disposed of by this common order. 2. CRP.No. 5482 of 2007 has been filed aggrieved of the order dated 29-10-2007 passed in I.A.No. 1139 of 2007 in A.S.No. 97 of 2004 by the II-Additional District Judge, West Godavari at Eluru, dismissing the application filed under Order-41, Rule 27 of the Code of Civil Procedure seeking to pass orders permitting the petitioners to file the documents enclosed to the petition as additional evidence by marking the same as exhibits. 3. CRP.No. 5512 of 2007 has been filed aggrieved of the order dated 29-10-2007 passed in I.A.No. 1137 of 2007 in A.S.No. 96 of 2004 by the II-Additional District Judge, West Godavari at Eluru, dismissing the application filed under Order-41, Rule 27 of the Code of Civil Procedure seeking to pass orders permitting the petitioners to file the documents enclosed to the petition as additional evidence by marking the same as exhibits. 4. After hearing the counsel on either side and on perusing the material on record, admittedly both the appeals are still pending. However, the applications filed by the petitioners seeking to file additional came to be dismissed. Normally it is now well-established principles that such applications should be dealt independently and it should not be dismissed at the threshold. The appellate court erred and came to the conclusion that the additional evidence should not be permitted on appellate stage in order to enable the petitioners to remove the lacunae in presenting their case at the proper stage and to fill in gaps. In view of the above, the orders impugned in these revisions are set aside and the matter is remitted to the court below with a direction to dispose of the same along with the main appeals. 5. With the above direction, the Civil Revision Petitions are disposed of. No costs. ___________________________ JUSTICE B. PRAKASH RAO 17-06-2010. I s L THE HONOURABLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION Nos. 5482 & 5512 OF 2007 CIRCULATION ENTRY No. 87 Date: 17-06-2010 Court Master : I s L Computer No. 43