THE HON’BLE SRI JUSTICE C.V.RAMULU CIVIL REVISION PETITION No.1157 of 2010 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against docket order dated 25.01.2010 passed in I.A.No.830 of 2009 in O.S.No.274 of 2000 on the file of the Principal Junior Civil Judge, Kovur, Sri Potti Sreeramulu Nellore District. Respondent No.1 herein is plaintiff in the present suit being O.S.No.274 of 2000 filed against respondent No.2 herein and his father Ch.Lakshmaiah as defendants 1 and 2 respectively, for decree of permanent injunction. During pendency of the said suit, the 2nd defendant died, and his grand son, the petitioner herein, filed a petition before the Court below to implead him as one of the defendants in the present suit for the reason that by virtue of the Will and Testament dated 21.04.2001 said to have been executed in his favour by the 2nd defendant, he continued his possession with title in respect of the suit schedule property, and the said application was allowed, by which he was impleaded as the 3rd defendant in the suit. Be that as it may, the petitioner herein filed a suit in O.S.No.59 of 2008 before the learned Senior Civil Judge, Kovur, for declaration and delivery of possession of the plaint schedule property therein in pursuance of the registered Will and Testament dated 21.04.2001 said to have been executed in his favour, and in that suit, he filed the Will dated 21.04.2001 as one of the documents in that suit. Thereafter, on the stand that the testator, the 2nd defendant in the present suit, referred about the present suit schedule property in the Will dated 21.04.2001 as one of the item that the petitioner herein is entitled with title, the petitioner herein and his father, the 1st defendant, filed the present I.A.No.830 of 2008 in O.S.No.274 of 2000, under Order XIII Rule 10 of C.P.C. read with Section 151 C.P.C., seeking to call for the Will dated 21.04.2001 from O.S.No.59 of 2008 on the file of the learned Senior Civil Judge, Kovur, to the present suit O.S.No.274 of 2000, so as to enable the same to be marked as one of the Exhibits on his behalf in the present suit. But, the learned Principal Junior Civil Judge, Kovur, by the impugned docket order dated 25.01.2010 dismissed the present petition holding that the petitioner can take back the original Will from the Court in which it is filed by substituting the original and the provisions of Order XIII Rule 10 of C.P.C. are not applicable to the prayer in the present petition. Aggrieved thereby, the present Civil Revision Petition is filed. Learned counsel for the petitioner submits that without appreciating the Will dated 21.04.2001, the issues in the present suit cannot be decided effectively, but the Court below, without considering this fact, dismissed the present application by the impugned order and, therefore, the impugned order may be set aside. The petitioner has an opportunity of obtaining the original Will dated 21.04.2001 by substituting it with certified copy before the Court in which the original Will was filed. Thus, I am of the considered opinion that the Court below has rightly rejected the present I.A.No.830 of 2009 in O.S.No.274 of 2000 and the Civil Revision Petition is devoid of merits and is liable to be dismissed. Accordingly, the Civil Revision Petition is dismissed. However, the petitioner is granted three weeks’ time to obtain the original Will dated 21.04.2001 from O.S.No.59 of 2008 on the file of the learned Senior Civil Judge, Kovur, and file the same in the present suit O.S.No.274 of 2000 on the file of the learned Principal Junior Civil Judge, Kovur. _____________ C.V.RAMULU,J 03.06.2010 Note: Issue CC by 07.06.2010 B/o v v