FAHIMDA BANU Vs. ABDUL RUB YELLAPUR

JUDGEMENT

(1.) W.P. No. 105479/2016 is directed against the impugned order on I.A. No. 7 dtd. 27/11/2015 passed in O.S. No. 34/2013 by the learned Addl. Sr. Civil Judge, Ranebennur, whereby the said application filed by the petitioner/plaintiff under Order XVI Rule 6 CPC seeking summoning of documents, was rejected.

(2.) I have heard both the sides and perused the impugned order.

(3.) The material on record discloses that the petitioners/ plaintiffs have filed the aforesaid suit against the respondent/ defendant for partition and separate possession of their alleged share in the suit schedule property and for other reliefs. The said suit is being contested by the respondent/ defendant. At the stage of evidence, the petitioners moved the instant application in I.A. No.7 seeking issuance of summons to the authorities mentioned therein to produce certain documents in relation to partnership firm M/s Mahaboob Traders. The said application having been opposed by the respondent/ defendant, the trial Court proceeded to reject the same interalia holding that since the petitioners/ plaintiffs were neither partners to the said firm nor was the firm was subject matter of the suit, documents sought to be summoned were neither relevant nor material for the purpose of adjudication of the suit and consequently in light of the material on record, no purpose would be served in summoning the said documents.