SUNDER Vs. MOHAMMAD ISMAIL

JUDGEMENT

(1.) This Civil Revision Petition filed under Article 227 of the Constitution of India, is directed against the order dated 8-9-2003 made in E.A. No.365 of 2003 in E.P. No.60 of 2003 on the file of the learned XI Junior Civil Judge, City Civil Court, Secunderabad.

(2.) The petitioner in the said E.A. is the petitioner in this civil revision petition. The learned trial Judge rejected the application filed by the petitioner herein under Order XVI, Rule 6 read with Section 151 of the Code of Civil Procedure to summon the document viz., the letter of consent dated 10-6-1999 from M/s. Modern Garments, Bangalore. The said letter is purported to have been given by the 1st respondent-decree holder to M/s. Modern Garments, Bangalore. The learned trial Judge after a very elaborate consideration of the matter came to the conclusion that the very existence of the consent letter dated 10-6-1999 itself is doubtful. Having regard to the totality of the facts and circumstances of the case, the learned Judge came to the conclusion that the said consent letter alleged to have been given by the 1st respondent-decree holder in favour of M/s. Modern Garments, Bangalore, is not required to be summoned for adjudication of the claim petition filed by the petitioner herein in E.A. No.244 of 2003.

(3.) In order to consider as to whether the impugned order suffers from any incurable legal infirmities and errors apparent on the face of the record requiring our interference in exercise of our extraordinary jurisdiction under Article 227 of the Constitution of India, we consider it appropriate to refer to a few relevant facts.