Dismissed

Ms.Sahara India Commerdal Corporation Ltd. v. Ms.Sahara States Owners Welfare Association

Telangana HC1 Nov 2012CRP/2160/2012

Case brief

AI extract

What is this about?

A Civil Revision Petition was filed challenging the dismissal of an interlocutory application seeking production of documents. The court held that issues regarding non-production of documents under Order XII C.P.C. are for consideration at the final disposal of the suit, rendering the lower court's interlocutory observations non-binding.

What did the court decide?

Civil Revision Petition dismissed; miscellaneous applications dismissed; no order as to costs.

Ms.Sahara India Commerdal Corporation Ltd… — Civil Procedure and Limitation | Telangana HC (2012)

¶1

HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR

¶2

CIVIL REVISION PETITION No.2160 OF 2012

¶3

Dt:- 01.11.2012

¶4

Between:- Ms.Sahara India Commercial Corporation Ltd., and others

¶5

… Petitioners and

¶6

Ms.Sahara States Owners /welfare Association, rep. by its President and others

¶7

… Respondents

¶8

This Court made the following:-

¶9

HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR

¶10

CIVIL REVISION PETITION No.2160 OF 2012

¶11

ORDER: -

¶12

Plaintiffs in O.S.No.1566 of 2003 on the file of II Additional Junior Civil Judge, Rangareddy District are the petitioners herein. The petitioners had filed an application I.A.No.1248 of 2011 seeking directions to the respondents to produce the list of documents. The said application was dismissed by the court below under the impugned order, dated 16.02.2012. Said order is questioned in the revision.

¶13

Learned counsel for the petitioners submits that the effect of nonproduction of documents, if any, in spite of petitioners complying with provisions of Order XII C.P.C, is a matter for the Court to consider. However, in the last paragraph in the impugned order the court below had made observations with regard to relevancy of the said documents. Petitioners are aggrieved to that extent.

¶14

It is well settled that under Order XII C.P.C., if a party complies with the said proviso and calls upon the other party to produce

¶15

documents, non-production thereof is a matter for the court to consider at the time of final disposal of the suit.

¶16

The observations made under the impugned order being observations at the interlocutory stage, they would not bind the court in considering the main suit.

¶17

While the impugned order does not deserve any interference, subject to the observations as above, the Civil Revision Petition is dismissed. The miscellaneous applications, if any, stand dismissed. There shall be no order as to costs.

¶18

____________________________ VILAS V. AFZULPURKAR, J

¶19

01.11.2012 lmv

¶20

HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR

¶21

CIVIL REVISION PETITION No.2160 OF 2012

¶22

01.11.2012

¶23

lmv

Ms.Sahara India Commerdal Corporation Ltd. v. Ms.Sahara States Owners Welfare Association

Case brief

What is this about?

What did the court decide?

Ms.Sahara India Commerdal Corporation Ltd. v. Ms.Sahara States Owners Welfare Association

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kancharla Ram Reddy Vs Kachavarapu Pushpavathi

Y.M. Subba Rao, Vs G.Venkamma , Kamaladevi

H.Naga Raju, Vs M/s Margadarsi Chit Fund Limited, Kurnool

Dr. C. Anjaneyulu Vs Dr. C. Srujana

Jakka Venkata Subbarayudu Vs S.Venkata Rami Reddy

L.Krupavathamma Vs Bhogireddy Veera naga Pothu Raju