SARAVANAN Vs. D ANBARASI PACKIARAJ

JUDGEMENT

(1.) THIS revision is directed against the order in I.A.No.444/2004 in O.S.No.264/2007, dismissing the petition filed under Or.11 R.16 CPC and Sec.151 CPC declining to direct the respondent to produce the Income Tax Assessment.

(2.) THE respondent/plaintiff has filed the suit for recovery of Rs.28,66,660/-. By filing written statement, Revision Petitioners/defendants are contesting the suit.

(3.) THE learned counsel would further submit that petition filed by second defendant in I.A.No.113/2007 was dismissed with liberty to file fresh petition and therefore, filing of earlier petition would not be an impediment for filing fresh petition under Or.11 R.16 CPC. It was further submitted that by producing the Income Tax Assessment from the year 1998-2001, no serious prejudice would be caused to the respondent/plaintiff and while so, the Trial Court erred in disallowing the petition.