HARSHAVARDHANA R. Vs. DODDA RANGAMMA

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 6/4/2023 passed on I.A. No.8 in O.S. No.217/2012 on the file of the I Additional Civil Judge and JMFC, Davanagere [for short, 'the trial Court'], whereby the said application filed by the petitioner-plaintiff under Order XVI Rule 6 of CPC seeking issuance of summons to the Head Master, Higher Primary School, Pamenahalli, Davanagere, South Zone to produce the documents mentioned in the application was rejected by the trial Court.

(2.) Heard the learned counsel for the parties and perused the material on record.

(3.) The petitioner instituted the aforesaid suit for partition and separate possession of the alleged share in the suit schedule properties and for other reliefs. The petitioner is son of one Rangaswamy B while the respondents-defendants are his family members. At the time of institution of the suit, the petitioner-plaintiff's father Sri Rangaswamy B was arrayed as Defendant No.2 and he has entered appearance through his counsel and filed his written statement. It is needless to state that the vakalathnama of Sri Rangaswamy B and his written statement contain his signatures. Subsequently, the petitioner-plaintiff filed the instant application seeking issuance of summons to the Head Master, Higher Primary School, Pamenahalli, Davanagere, South Zone to produce the documents from the period 24/12/2012 to 24/1/2013 said to contain the signatures of Sri Rangaswamy B. The said application was rejected by the trial Court on the ground that the disputed signatures of Sri Rangaswamy B as pleaded by the contesting respondents on Exhibits.D15 and Exhibit.D17 and since the documents sought to be summoned were post litem documents which had come into existence subsequent to the suit, the question of summoning the said documents at this belated stage would not arise. Aggrieved by the impugned order rejecting I.A. No.8, the petitioner is before this Court by way of the present petition.