THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CIVIL REVISION PETITION No.4380 OF 2006 DATED: 09-02-2011 Between: Atluri Jayasree. .... PETITIONER And P.B.V.Rajendra Prasad. .... RESPONDENT ORDER: This Civil Revision Petition is directed against the order, dated 24.04.2006, in I.A.No.425 of 2005 in O.S.No.254 of 2004 on the file of the learned Additional Senior Civil Judge (Fast Track Court), Gudivada, wherein the said application filed by the petitioner herein for receiving certain documents, was dismissed. 2. Heard learned counsel for the petitioner-D1. None appeared for the respondent-plaintiff. Perused the record. 3. Respondent herein filed the suit for recovery of certain amount stated to be due under the suit promissory note. Petitioner-D1 filed written statement denying the suit transaction and also pleading that one P.Subrahmanyeswara Rao might have pressed the blank promissory note left by him and got the suit filed in the name of the plaintiff to make wrongful gain. 4. After framing the necessary issues, the trial of the suit commenced and the plaintiff’s side evidence was closed. Thereafter, petitioner-D1 filed chief affidavit and along with the said affidavit she filed certain documents in support of her plea. The said petition was dismissed only on the ground that there was delay in filing the documents. 5. No doubt, the defendant would have filed the documents at the earlier stage of the proceedings also. However, when the defendant sought to file certain documents in support of her defence at the time of adducing evidence as D.W.1, the trial Court in all fairness should have received the said documents so that the dispute can be effectively adjudicated and substantial justice rendered. The denial of an opportunity to the defendant to file documents in support of her plea would only result in scuttling the process of fair trial. In the event of the trial Court finding that there was unexplained delay in filing the documents, the said delay could have been compensated by award of some costs, but denial of opportunity to the defendant to file the documents altogether would not be in the interest of justice. 6. In the circumstances, the impugned order is set aside and the documents are directed to be received, subject to payment of costs of Rs.500/- (rupees five hundred only) by the petitioner to the respondent-plaintiff within a period of two weeks from the date of receipt of a copy of this order. 7. In the result, Civil Revision Petition is disposed of as stated above. Interim stay granted on 08-09-2006 stands vacated. There shall be no order as to costs. _______________________ G.V.SEETHAPATHY, J 09th February, 2011. Tsy