DEPUTY COMMISSIONER Vs. CHANNAVEERYYA

JUDGEMENT

(1.) This writ petition has been filed by the defendants in O.S. No. 135/2002 on the file of Prl. Civil Judge (Sr. Dn.), Raichur and the appellants in R.A. 35/2007 on the file of the Fast Track Court-I ('FTC' for short), Raichur, questioning an Order dated 09.09.2009 passed on I.A. VI. By that order, FTC rejected I.A. VI, filed by the appellants/petitioners herein, seeking permission for production of documents, under Order 41 Rule 27 of CPC, in pending first appeal, on the ground that (i) the original Sale Deed was not produced and only certified copy was produced; (ii) though the suit was pending from 12.07.2002, the application was filed in the appeal only on 19.11.2007, without stating valid reasons for non production in the Trial Court. Material facts of the case are as follows:

(2.) Feeling aggrieved, defendants filed R.A. 35/2007. I.A. VI was filed by the appellants, under Order 41 Rule 27 of CPC, to grant permission to produce the documents as per the enclosed list. Statement of objections was filed to I.A. VI. Application was allowed on 22.02.2008. Respondents questioned the said order, in W.P. 4944/2009. Since the impugned order was cryptic, the same was quashed and Court below was directed on 15.09.2008, to consider I.A. VI, in accordance with law. I.A. VI, upon consideration, having been found to be devoid of merit, was rejected on 09.09.2009. The said order is under challenge in this writ petition.

(3.) Heard the Learned Advocates for the parties and perused the record.