KHEMRAJ RATANLAL SANCHETI Vs. VASANT MADHAOSA VYAVHARE

JUDGEMENT

(1.) The short question involved in this revision application is whether the Civil Judge can pass an order directing the defendant to produce documents, when, further proceedings of the suit are stayed by an order of the appellate Court.

(2.) The non-applicants filed Reg. C. S. No. 87 of 1979 against the revision applicants for dissolution of partnership and accounts. The revision applicants inter alia pleaded an agreement to refer any dispute relating to the partnership to arbitration and prayed that the matter be referred to an arbitration for decision. The trial Judge rejected the contention and against that order the revision applicants preferred an appeal under section 39 (I) (5) of the Arbitration Act to the District Judge, Buldana and at their instance the District Judge directed that further proceedings in the suit be stayed until further orders. The appeal is still pending.

(3.) Some months after the stay order was passed and during the pendency of the appeal, the non-applicants filed an application captioned 'Notice to Produce documents' and prayed that the revision applicants be directed to produce in Court all the account books and other documents relating to the said partnership. The revision applicants opposed the application solely on the ground that as the proceedings in the suit are stayed, the application was not tenable. The Trial Judge overruled the objection and held that he is competent to pass the order sought, even though further proceedings of the suit are stayed. Consequently he allowed the application and directed the revision applicants to produce the concerned documents in the Court. This order is challenged by the revision applicants on the ground that the Trial Judge had no jurisdiction to pass it.