JACOB C.A. Vs. KARAPPARA MINI CHITY FUND

JUDGEMENT

(1.) The 1st decree debtor in O.S.No.300 of 2011 on the files of the Sub Court, Kottayam, has filed this original petition impugning Ext.P12 order issued by the Execution court, whereby, his application for calling for certain documents has been disallowed.

(2.) According to the petitioner, he has also already filed E.A.No.520 of 2018 before the Execution Court under Section 47 of the Civil Procedure Code (CPC for short), alleging that the decree in O.S.No.300 of 2011 is incapable of execution.

(3.) The petitioner says that it is to bolster his contentions in the afore said E.A. that E.A.No.418 of 2019 - in which the impugned order has been passed - had been filed by him, seeking that the decree holder be directed to produce certain documents. He alleges that the Trial Court - has completely erred in dismissing the application, since the documents are necessary and vital for the purpose of adjudication of E.A.No.520 of 2018.