PROGRESSIVE PACKAGING PVT LTD Vs. PREMIER SUPPLIERS LTD

JUDGEMENT

(1.) This is the defendants' revision petition challenging the order dated 26-9-1992 passed in I.A.No.154 of 1992 in O.S.No. 648/1990 on the file of V Addl. Judge, City Civil Court, Hyderabad.

(2.) The learned Counsel for the petitioners streneously contended that the impugned order passed by the Court below is illegal and without jurisdiction. He further contended that when summary procedure is invoked under Order 37 CPC the plaintiff could not have been allowed to produce documents under Order 13, Rule 2 C.P.C. read with Sec.151 C.P.C. He further contended that Order 13, Rule 2 CPC does not apply to the facts of this case nor Sec.151 C.P.C. could be invoked in the case. Therefore, the learned counsel for the petitioners streneously contended that the impugned order is one without jurisdiction. He further submitted that when the respondent/plaintiff invoked the procedure under Order 37 CPC the proceedings have got to be completed only in accordance with this order and as such, Order 13, Rule 2 CPC is not available for the plaintiff to produce the documents. He also relied upon the decisions in Punjab and Sind Bank vs. Ramjit Das Khanna and another P.N. Films Ltd. & others vs. Overseas Films Corporation Ltd.: and Subash Raina vs. Suraj Prakash and ultimately submitted that the impugned order is liable to be set aside.

(3.) The learned Counsel for the respondent/plaintiff supported the judgment and order of the Court below.