K KRISHNA CHARY Vs. JAI KISAN ACCOCIATES BHONGIR

JUDGEMENT

(1.) The respondent filed O.S. 19 of 2000 in the Court of the Senior Civil Judge at Bhongir for recovery of Rs. 2,04,954.00 on the strength of a Pronote dated 17-11-1997. He filed I.A.No. 223 of 2002 under Order XI Rule 14 read with Section 151 of the Code of Civil Procedure seeking a direction to the petitioner herein to hand over the RC book of Hypothecated Maruthi Car bearing No. AP 9-7828. The same was allowed by the trial Court through its order dated 07-11-2003. Hence, this revision.

(2.) The learned counsel for the petitioner submits that the application filed by the respondent was misconceived and the provision referred to therein does not enable the Court to direct the petitioner to hand over the RC book. He submits that the application itself was beyond the scope of the suit and the trial Court ought not to have entertained it at all.

(3.) The learned counsel for the respondent on the other hand submits that the loan was obtained by the petitioner to purchase a car and that the possession of the car was taken over by the respondent. He submits that unless the RC book is delivered, the respondent would not be in a position to use the vehicle.