ATCHUT UPENDRA RAIKAR Vs. SURYA UPENDRA RAIKAR

JUDGEMENT

(1.) Rule. By consent heard forthwith. All these four petitions are being disposed of by a common judgment since identical orders have been challenged by the Petitioners and the facts are identical.

(2.) By these petitions the petitioners have challenged the orders dated 28.1.2010 passed by the learned Additional Civil Judge, Senior Division, Margao, in Special Civil Suit No. 74/1999/III, Special Civil Suit No.75/1999/III, Special Civil Suit No.76/1999/III and Special Civil Suit No.77/1999/III, which were filed by the Petitioners herein against the respondents/defendants.

(3.) The Petitioners filed the above suits for declaration and for taking accounts. The Petitioners filed four different applications dated 20.10.2009 in four different suits, mentioned above seeking direction to the Income Tax Department to depute any responsible official to produce balance sheets of the firms for the financial years 1993 to 2005. The said applications were objected to on behalf of the defendants. The learned trial Judge by the impugned orders dismissed the said applications, primarily on the ground that the plaintiffs had not mentioned the year to which the balance sheet relates and had not sought leave of the Court either to reply or to produce the same on record.