IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY, THE FIRST DAY OF MARCH, TWO THOUSAND AND ELEVEN PRESENT THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO CIVIL REVISION PETITION No. 4927 OF 2010 BETWEEN: K.Subramanyam …PETITIONER AND Venugopal Reddy and others …RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CIVIL REVISION PETITION No. 4927 OF 2010 ORDER: This revision is filed against the order in I.A.No. 112 of 2009 in A.S.No. 50 of 2003, dated 28-07-2010 on the file of Senior Civil Judge, Puttur, Chittoor District, dismissing an application to receive the additional evidence filed by the appellant in the lower Court. 2. The revision petitioner claimed that after filing of the suit, there was a survey and the Assistant Director, District Survey and Land Records, conducted a survey as per the proceedings in the Writ Petition No. 7893 of 2009 and it is an essential evidence to be received by the Court. The application was opposed on the ground that the said report is after disposal of the suit and it has no relevancy to determine the issue in fact. The learned Senior Civil Judge dismissed the application on the ground that the writ was filed in the year, 2009 after the filing of the appeal and no grounds were made out to receive the additional evidence. 3. The point that arises for consideration is whether the order of the learned Senior Civil Judge, Puttur, is legal and sustainable? 4. POINT: Evidently, the suit was filed for declaration of title over the schedule property and the said suit was dismissed. It appears that the dispute is with regard to the location of the property and the boundaries is also in dispute. The report of the Commissioner is also said to be available on record. The learned counsel for the respondents contends that since the report of the Commissioner is already available on record, the additional evidence in this case need not be considered. Evidently, apart from the individual respondents, the Government and also the Mandal Revenue Officer are also parties to the proceedings, they are also opposed the application. But, however, the question before the Court is whether the documents now sought to be relied on by the revision petitioner are relevant for determination of the issue in appeal. Under Order XLI, Rule.27 of the Civil Procedure Code (for short, “the Code”), if this material is available by the date of the disposal of the suit, then the revision petitioner cannot be allowed to produce his evidence. But, however, the same option is said to have been taken in pursuance of the directions of the High Court to conduct some survey and settlement and the report is said to have been filed. It may be that the said Order was obtained from the High Court by suppressing the fact of the filing of the appeal before the lower Court. But, however, the direction of the High Court was complied and it is for the lower Court to decide whether the survey or the settlement conducted is valid or not and as to how far it binds the parties, that can be decided only by taking evidence or by considering the entire contentions between the parties in the appeal. 5. Therefore, merely because an order was passed by the High Court subsequent to the filing of the appeal with a direction to the Government functionaries to measure the land, such type of evidence cannot be excluded as not coming within the purview of Order. XLI, Rule.27 of the Code. 6. Therefore, the order of the lower Court is set aside and the learned Senior Civil Judge is directed to hear the application along with the main appeal and consider the merits of the evidentiary value of it and proceed accord to law. The lower Court is also to take into consideration the submissions of the counsel for the respondents about the availability of the Commissioner Report and relevancy of it. 7. Keeping of the factors in view, the lower Court shall dispose of the appeal within three months. With the above direction, the revision is allowed. No costs. ________________________ N.R.L.NAGESWARA RAO,J Date: 01-03-2011. INL