IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.4236 of 2009 Between: Sri M.S.N.Charties, represented by its Assistant commissioner & Executive Officer. … Petitioner And Pasupuleti Sureedu and another. … Respondents This Court made the following: HON'BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.4236 of 2009 ORDER: - Petitioner/appellant/plaintiff filed this revision under Article 227 of the Constitution of India questioning the correctness of the order passed by the Senior Civil Judge, Pitapuram dated 23.07.2009 in dismissing I.A.No.520 of 2006 in A.S.No.6 of 2006, filed under Order XLI Rule 27 and Section 151 of the Civil Procedure Code (for short, “C.P.C.”), for receiving the documents after condoning the delay. It is not the case of the petitioner that it could not produce the additional evidence, despite exercise of due diligence, such evidence was not within its knowledge or could not, after the exercise of due diligence, be produced by him at the time when the decree appealed against was passed, for exercising the discretion in the lower court under Order XLI Rule 27(a)(a) of C.P.C. Since the trial court recorded a finding that in spite of giving ample time to the petitioner for production of the documents, it failed to produce the same and issues were answered against the petitioner, only to over come the observations made by the trial court, the petitioner came up with the I.A. during the appeal. In view of the same, discretion exercised by the lower court in dismissing the I.A., do not suffer from any infirmity warranting interference. Accordingly, the Civil Revision Petition is dismissed. No order as to costs. _____________________ (A.GOPAL REDDY, J) 20.11.2009. Lmv