LAWS(KAR)-2014-3-166

G.B. VIJAYKUMAR Vs. K.R. NAGARAJA

Decided On March 20, 2014
G.B. Vijaykumar Appellant
V/S
K.R. Nagaraja Respondents

JUDGEMENT

(1.) This Writ Petition is filed by a witness in the suit who has been summoned to produce the original documents of title belonging to his property.

(2.) The plaintiff, in his suit O.S. No. 2216/2005 against A.Ramu and others, filed I.A.No.13 under Order 16 Rule 1 and 6 CPC for issue of summons to the witness i.e., the petitioner herein to produce the original documents set out in the application. On receipt of summons, the witness filed an I.A. No.14 to recall the order issuing summons to him and the same was opposed by the plaintiff.

(3.) After hearing both the parties to I.A.13 and I.A.14, the trial Court passed the impugned order directing the witness to produce the documents of title which are in his possession. In passing the impugned order it has considered Section 130 of the Indian Evidence Act on which reliance was placed and held that, the said provision comes into operation only when a prosecution is to be launched against a witness on the basis of the documents which are summoned from him. Since no such act is complained of in the instant case, the trial court was of the view that I.A.13 filed by the plaintiff has to be allowed and it accordingly allowed the application.