GOVINDAN Vs. KOOVALASSERI SREE MAHADEVAR KSHETHRAM TRUST

JUDGEMENT

(1.) The 26th counter petitioner in I.A. 1528/2000 in O. P. 156/98 on the file of the District Court, Thiruvananthapuram has preferred this Revision Petition challenging the order dated 28.8.2000. That I.A. was filed by the petitioners in the O. P. to direct the respondents to produce the documents or the certified copies before the court as called for in the I.A.

(2.) The above O. P. is filed by the respondents herein seeking leave to file the suit against the counter petitioners in the O. P. under S.92 of the C.P.C. While the O. P. was pending consideration before the court the petitioners in the O. P. - respondents herein filed the above petition before the lower court under O.11 R.14 and S.141 and 151 of the C.P.C. to direct the respondents in the O. P. to produce the documents mentioned in the petition. Though the respondents objected the I.A. as premature since no leave is granted by the court under S.92 of the CPC to institute the suit and as such no suit in fact is pending before the court, the lower court allowed the I.A. stating that there is no harm in ordering production of the original documents or their certified copies in this case. Hence the 26th respondent in the O. P. has preferred this Revision Petition before this Court challenging that order.

(3.) By reading the impugned order it would appear that the lower court allowed the I.A. treating the above petition filed under O.11 R.14 of the CPC on par with the application filed under O. XL R.1 of the CPC to appoint a receiver as it has been held that receiver can be appointed even before granting leave to institute the suit under S.92 of the CPC.