CH K PRASAD Vs. K APPA RAO

JUDGEMENT

(1.) Heard.

(2.) Mr. Y. Venkateswarlu, the learned Counsel for the petitioner submits that the respondent-plaintiff has filed a suit against the petitioner who is the defendant therein for a mere injunction claiming title over certain immovable property which is said to be a tin-shed premises, for which, the petitioner-defendant is also claiming title on the basis of a registered sale deed; but, the respondent plaintiff challenges the validity of the said sale deed in favour of the petitioner-defendant on the ground that it is invalid in law. The Trial Court, on an application filed by the respondent-plaintiff under Order 16 Rule 6 C.P.C. has allowed the petition to summon admission register and T.C. from E.V. Reddy College, Kodad, which reflects the age of the petitioner as a minor on the date of execution of the sale deed. In this regard, the learned Counsel for the petitioner submits that the Court has no authority to summon a document from the custody of third party, especially public office, without the respondent-plaintiff showing the relevancy of the particular document for adjudication of the rights of the parties in the suit.

(3.) Order 16 Rule 6 C.P.C. is to the following effect :