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Friday, July 1, 2016

relief granted - beyond the prayer of petition - not valid =the prayer in I.A.No.1108 of 2015 is for production of some documents and the 1 st respondent has stated no objection to allow the application filed by the petitioner, on the condition that votes polled ballot papers are also called for. The Court below not only allowed the application for production of documents mentioned in the petition, but also called for the votes polled ballot papers, though it is not the prayer of the petitioner. If the 1 st respondent wants production of votes polled ballot paper, he should have made an independent application making out a case in support of the same. But he cannot seek such a relief in the petition filed by the petitioner. In view of the same, the impugned order is set aside to the extent of production of votes polled ballot papers.

CRP 1433 / 2016
CRPSR 7782 / 2016CASE IS:DISPOSED
PETITIONERRESPONDENT
D C J BASHA, KURNOOL DIST  VSD SHAMSHER BASHA, KURNOOL DIST & 6 OTHERS


HON’BLE SRI JUSTICE A.RAJASHEKER REDDY
CIVIL REVISION PETITION No.1433 of 2016
ORDER:
This Civil Revision Petition is filed against the order dated 22-01- 2016 passed in I.A.No.1108 of 2015 in E.OP.NO.1 of 2014, wherein the Court below allowed the application filed by the petitioner filed under Order 16 Rule 1 and Section 151 C.P.C. for production of documents mentioned therein, so also votes polled ballot papers of for Sarpanch elections of Grama Panchayat, Gadivemula village.
Learned counsel for the petitioner submits that though the respondents have not filed any application but still the relief is granted by the Court below beyond the prayer made by the petitioner in their application for production of documents, which is impermissible. He also contends that in the application filed by the petitioner, the 1 st respondent cannot seek relief.
Heard learned counsel for the 1 st respondent, who submits that powers under Section 151 C.P.C are wide enough to grant any relief in the interest of justice.
In this case, it is to be seen that the prayer in I.A.No.1108 of 2015 is for production of some documents and the 1 st respondent has stated no objection to allow the application filed by the petitioner, on the condition that votes polled ballot papers are also called for. 
The Court below not only allowed the application for production of documents mentioned in the petition, but also called for the votes polled ballot papers, though it is not the prayer of the petitioner. If the 1 st respondent wants production of votes polled ballot paper, he should have made an independent application making out a case in support of the same. 
But he cannot seek such a relief in the petition filed by the petitioner. 
In view of the same, the impugned order is set aside to the extent of production of votes polled ballot papers. Accordingly, the Civil Revision Petition is allowed to the extent indicated above. However, it is open for the 1 st respondent to make independent application, if he wants votes polled ballot papers to be produced. Miscellaneous Petitions, if any, pending in this Civil Revision Petition shall stand closed. _________________________ A.RAJASHEKER REDDY,J 25-04-2016 nvl

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