THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CIVIL REVISION PETITION No.3285 of 2009 ORDER: This revision is directed against the order, dated 02.07.2009 passed in I.A.No.111 of 2009 filed under Order 8 Rule 1(A)(3) CPC in O.S.No.88 of 2005 on the file of I Additional Senior Civil Judge, Mahabubnagar, refusing to accept the documents. The brief facts are that the respondent herein instituted the said suit against the petitioners herein for partition of plaint schedule properties and for consequential possession of his share. The evidence of the respondent/plaintiff was over and only D.W.1 was examined on behalf of the petitioners/defendants. During the course of the evidence of D.W.1, certain documents were marked as Exs.B.1 to B.7. Thereafter, I.A.No.111 of 2009 has been filed requesting the Court below to receive certain documents as additional evidence. As stated supra, the said I.A. was dismissed. The main contention of the learned counsel for the petitioners is that the documents, which were tendered before the Court below, are vital documents and that clinches the issue. However, this Court is unable to appreciate the said contention. In the normal circumstances, any document shall be filed at the time of institution of the suit by the plaintiff and similarly, the documents, if any, shall be filed by the defendant at the time when he filed the written statement. Apparently, the documents were not filed by the petitioners before the Court below at the time when the written statement was filed. Subsequently also, when D.W.1 was examined and Exs.B.1 to B.7 were marked on behalf of the defendants, these documents were not filed. Thereafter, I.A.No.58 of 2009 was also filed for receipt of certain other documents and the plaintiff did not oppose the same and accordingly, the said I.A. was allowed. Now, again, I.A.No.111 of 2009 has been filed stating that the documents are vital and necessary in the interest of justice. If really, they are that important, in my considered view, the petitioners herein would not have lost sight of. Apparently, this is nothing but to drag on the proceedings on one pretext or the other. As it is the contention of the learned counsel for the petitioners that the documents are vital and it clinches the issue, this Court is of the view that an opportunity may be given to the petitioners and accordingly, the Court below is directed to accept the said documents on condition of the petitioner paying costs of Rs.2,500/- (Rupees Two Thousand Five Hundred Only) to the District Legal Services Authority at Mahabubnagar, within a period of four (4) weeks. On such payment, the Court below shall proceed with the trial of the suit. It is made clear that if the petitioner files any document hereinafter, the Court below shall not accept the same. The Civil Revision Petition is accordingly, disposed of. _________________________________ GOPALA KRISHNA TAMADA, J 23rd JULY, 2010. kvni