R CHANDRA SEKAR Vs. T G SARGUNAM

JUDGEMENT

(1.) THE revision petitioners/respondents 1 to 4/plaintiffs have filed this present civil revision petition as against the order dated 14.3.2008 in I.A.No.1134 of 2008 in O.S.No.2218 of 2007 passed by the learned XIII Assistant Judge, City Civil Court, Chennai in allowing the application filed by the 1st respondent/petitioner/1st defendant under Order 11 Rule 16 of CPC praying permission of the Court in directing the revision petitioners/respondents 1 to 4/plaintiffs to produce the necessary documents for perusal and enquiry as mentioned in the affidavit in I.A.No.1134 of 2008.

(2.) THE trial Court, while passing orders in I.A.No.1134 of 2008 in O.S.No.2218 of 2007 has inter alia observed that' both petitioners and respondents claim title over the property. THErefore, the same can be considered only in trial if the documentary proof of lineage is filed' and resultantly allowed the application without costs.

(3.) INASMUCH as the trial Court has not made any endeavour to satisfy itself whether the documents mentioned in the I.A.NO.1134 of 2008 are in existence or not, suffice it for this Court to come to the conclusion that the order passed by the trial Court is not sustainable in the eye of law because of non adherence to Order 11 Rule 12 of CPC and in that view of the matter, the revision petition is allowed by this Court in the interest of justice.