PALANIAMMAL Vs. T. SHANMUGASUNDARAM

JUDGEMENT

(1.) THE Civil Revision petition is filed against the fair and decreetal order dated 23.01.2014 made in I.A.No.704 of 2013 in O.S.No.718 of 2011, on the file of the I Additional District Court, Coimbatore.

(2.) THE revision petitioners herein as the plaintiffs filed a suit in O.S.No.718 of 2011 for partition and separate possession of their 3/4th share in the suit property. The first plaintiff's sons are second plaintiff and first defendant. The third plaintiff is the daughter of the first plaintiff. The second defendant is the wife of the first defendant. The third defendant is the Indian Overseas Bank. During the trial, the revision petitioners/plaintiffs have come forward with an application in I.A.No.704 of 2013 to permit them to summon the third defendant/Bank to produce 10 documents as mentioned in the petition and to produce the same before the Court and to direct the third defendant to give evidence, if necessary. The trial Court, after hearing both sides, partly allowed the application in respect of summoning Document Nos.1 to 6 and disallowed the summoning of Document Nos.7 to 10, against which, the present revision petition has been preferred by the revision petitioners/plaintiffs.

(3.) RESISTING the same, learned counsel for the respondents submitted that the cash credit loan account No. 6397 has been opened by the first respondent to his separate business. Hence, the revision petitioners are not entitled to the documents pertaining to the separate business of the first respondent. It is further submitted that in para -5 to 7 of the counter filed by the first respondent, he raised the averments relating to his separate business and stated that the documents as sought for by the revision petitioners are not necessary. Hence, he prayed for dismissal of the revision petition.