LAWS(BOM)-1994-3-65

STATE OF MAHARASHTRA Vs. PARISA BHIMPPA MAGDUM

Decided On March 18, 1994
STATE OF MAHARASHTRA Appellant
V/S
PARISA BHIMPPA MAGDUM Respondents

JUDGEMENT

(1.) THIS revision application has been filed by the state of Maharashtra against the order of the IInd Joint Civil Judge, senior Division, Sangli dated 22nd August, 1989, rejecting the application of the petitioner for review of its order dated 6th February, 1987.

(2.) I have gone through the Impugned order. I have also heard the learned Counsel for the petitioner. It appears that the order was passed by the learned Civil Judge on 6th February, 1987 on an application of the respondents (original plaintiffs) for production of original documents mentioned therein. The application was filed on 16th October, 1986 as the court granted time to the State to have their say in the matter. As the state did not file any objection to the said application, the learned Civil judge passed an order on 6th February, 198? calling for the documents as prayed for the respondents (original plaintiffs ). The above order was acted upon by the Court. Many of the persons to whom directions were issued, in pursuance of the said order had complied with. After 2i yean, on 2nd August, 1989 the State filed an application for review of the above order dated 6th February, 1987 on the ground that it was entitled to claim privilege in respect of some documents and that some of the documents term part of the document of the various offices, copies of which cannot have been obtained by the plaintiff. The above application was rejected by the learned Civil Judge by order dated 22nd August, 1989 on the ground that no case was made out for reviewing its order dated 6th February,1987.

(3.) ON perusal of the impugned order, I do not find any infirmity in the same which may justify interference by this court in exercise of its revisioaal jurisdiction under Section 115 of the Civil Procedure Code