Re-Open - Recall - Receiving of documents - allowed - on condition to recall the Pw1 for his further evidence to record and not to allow by any further chief examination affidavit.

THE HON'BLE DR JUSTICE  B.SIVA SANKARA RAO
Re-open the plaintiffs side evidence and to receive the documents on behalf of the plaintiffs by condoning the delay in earlier not filing -  at the stage of arguments - Trail court allowed the same without furnishing any reasons -  instead of sending the same for reconsideration AP. High court itself considered the case - AP High Court held that

• once the two documents, filed by the plaintiffs, viz., the certified copy of the registered Gift Settlement Deed, dated 10.03.1986, which is a public document, and not a new one created much less pendentilite  
• and the other is F.L.R. copy for Survey No.257/1 stand in the name of M.Galaiah, S/o. Ramanaiah, that was obtained  subsequently under the R.T.I. Act 
• and when the affidavit petition speaks those documents were not available at the time of filing of the suit and commencement of the evidence of plaintiffs, but were secured later for that fact not in dispute, 
• but for earlier opportunities not availed and when these documents are necessary for the effective adjudication of the lis, the petitions can be allowed for recalling of PW1 to mark the documents, subject to costs of Rs.5,000/- (Rupees five thousand only)payable by the plaintiffs to the defendants within a week from the date of receipt of a copy of this order, for the trial Court 
• Even the case is not coming under Order XVIII Rule 17 C.P.C. the Court can permit further evidence invoking Section 151 C.P.C. as held in K.K.Veluswamys case (supra 3) provided it must be to sub-serve the ends of justice and not Otherwise. 
• the provision Order XVIII Rule 17 C.P.C. is not meant to fill up the lacunas for the lack of earlier diligence, if any, to invoke to the prejudice of the other party, but for only where the Court after evidence of both sides felt any necessity of pronouncements an effective verdict recall of any witness to put any questions by the Court and not otherwise,
•  once Court recalls the witness for purpose of any such clarification or otherwise, the Court may permit the parties to assist the Court by examining the witness for said purpose.  However, it is not to fill up the lacunas or gaps, much less to the prejudice of the other side
• to recall by fixing the date the PW1 for his further evidence to record and not to allow by any further chief examination affidavit.  
• Further, while exhibiting the documents if there is any objection raised, the marking is subject to objections regarding the proof, relevancy and admissibility, to decide ultimately other than for stamp duty and registration required, if any, to decide instantaneously as laid down in the decision of Bipin Shantilal Panchal v. State Of Gujarat . 
• Accordingly, and to the above extent the Civil Revision Petitions are partly allowed.