THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.1249 OF 2010 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 04.03.2010, in I.A.No.13 of 2010 in O.S.No.1271 of 2006, on the file of XI Additional Senior Civil Judge (Fast Track Court), City Civil Court, Hyderabad, whereunder and whereby, the petition filed to receive the documents as per the list annexed to the petition to be marked as exhibits in the suit, was dismissed on the ground that the petitioners/defendants have not explained as to why they could not file those documents along with the written statement. 2. Learned counsel for the petitioners submitted that since some of the documents have been submitted to the Auditor, the petitioners could not file the same along with the written statement; that the factual foundation about the documents was laid in the written statement and hence, he prays to set aside the impugned order. 3. None appears for the respondents/plaintiffs. As seen from the counter filed by them in the trial Court, it is stated that the documents now sought to be received are not concerned with the issue involved in the suit and they are created documents. 5. Order VIII Rule 1-A C.P.C. contemplates that the defendant shall produce all the documents along with the written statement. Sub-Rule 3 of Rule 1-A of Order VIII C.P.C. contemplates “A document which ought to be produced in Court by the defendant under this rule, but, is not so produced shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit”. 6. The present application is filed to grant leave to receive the said documents. When the defendant laid a factual foundation with regard to the existence of the documents sought to be received in the written statement, then right to file the documents cannot be forfeited. The only objection taken by the respondents in the trial Court is that the documents are created and they are not relevant for the purpose of deciding the issue to be adjudicated in the suit. The relevancy and admissibility of those documents can be tested only at the time of hearing the arguments in the suit. Therefore, the petitioners can be granted leave to file the documents. 7. Accordingly, the Civil Revision Petition is allowed setting aside the impugned order, dated 04.03.2010, in I.A.No.13 of 2010 in O.S.No.1271 of 2006, on the file of XI Additional Senior Civil Judge (Fast Track Court), City Civil Court, Hyderabad. The documents shall be received subject to admissibility, relevancy and proof. There shall be no order as to costs. _______________ K.C. BHANU, J March 07, 2011 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.1249 OF 2010 Between: M/s. Harathi Enterprises and others .....PETITIONERS AND K. Venkatesham and another ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.1249 OF 2010 March 07, 2011