DEVARAJAN Vs. JANARTHANAN

JUDGEMENT

(1.) The Civil revision petition is filed against the order dtd. 15/9/2022 passed in I.A. No.824 of 2021, in O.S. No.29 of 2013. The revision petitioner is the plaintiff who instituted a suit for declaration and permanent injunction.

(2.) During the pendency of the suit, the revision petitioner filed an Interlocutory Application in I.A. No.824 of 2021 under Sec. 151 of CPC, to submit the accounts of RVN agencies since 15/12/1980 till date. The Trial Court adjudicated the Interlocutory Application and found that the defendant denied the relation of the plaintiff with the suit property. Further the defendant in the suit objected that the accounts were closed on 17/4/2001, and therefore, the plaintiff has to establish the availability of the accounts or otherwise during the course of the trial.

(3.) When the first defendant has stated that the accounts are not available with him and it was closed in the year 2001, it is for the plaintiff to establish his case through documents and evidence or otherwise. The Trial Court cannot compel the first defendant to produce the accounts which are stated as not available with him. Thus, this Court does not find any infirmity in respect of the findings made in the order impugned.