BILLA JAGAN MOHAN REDDY AND ANR. versus BILLA SANJEEVA REDDY AND ORS.
Delay in production of public documents obtained from revenue authorities should be condoned where they are relevant to determination of title; trial court and High Court erred in refusing, and opportunity to prove and rebut the documents must be given.
- Parties
- Appellant: Billa Jagan Mohan Reddy; Respondent: Billa Sanjeeva Reddy
- Jurisdiction
- India
- Judgment Date
- 28 January 1994
- Procedural Posture
- Civil Appeal / Appeal From High Court Order, Consideration of Application for Condonation of Delay in Producing Documents
- Outcome
- Appeal allowed
- Legal Topics
- Production of Public Documents, Condonation of Delay, Order XIII Rule 1 CPC, Order XLI Rule 27 CPC, Land Acquisition Act Section 30 Reference
Case Brief
Summary, issues, holding and outcome
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Parties
Billa Jagan Mohan Reddy
Appellant
Billa Sanjeeva Reddy
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court Order, Consideration of Application for Condonation of Delay in Producing Documents
Legal Issues
- 1 Whether delay in production of public documents not in custody of the party should be condoned
- 2 Whether trial court and High Court erred in refusing to condone delay and receive documents relevant to title
Ratio Decidendi
Delay in production of public documents obtained from revenue authorities should be condoned where they are relevant to determination of title; trial court and High Court erred in refusing, and opportunity to prove and rebut the documents must be given.
Court Disposition
Appeal allowed
Orders
- Delay in filing documents is condoned
- Trial court to receive documents
Full Case Text
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