K VENKATESWARLU Vs. K SEETHARAMAIAH

JUDGEMENT

(1.) This revision petition is filed questioning the orders of the District Munsif, Kodad dated 28-11-1995 passed in I.A.373/95 in O.S.327/93 dismissing the said petition filed under Order 11 Rule 21 C.P.C. by the defendant, who is the present petitioner.

(2.) The respondents herein had filed the suit O.S. No.327/93 for the relief of permanent injunction against the present petitioner, who is the defendant in the suit. During the pendency of the suit, the defendant filed I.A. No.257/94 under Section 66 of the Indian Evidence Act read with Section 151 C.P.C. requesting the Court to direct the plaintiffs to produce the original partition agreement dated 1-2-1991 said to be in the possession of the plaintiffs. The said petition was allowed by the Court on 22-11-1994 directing the plaintiffs to produce the said document into Court. During the trial of the suit the defendant filed I.A.373/95 under Order 11 Rule 21 CPC requesting the Court to dismiss the suit on the ground that the plaintiffs did not obey the directions of the Court passed in I.A.No.257/94 calling upon them to produce the document dated 1-2-1991. The lower Court dismissed the said petition holding that Order 11 Rule 21 CPC is not attracted in the present case; that the defendant did not take any steps subsequent to the orders in I.A.257/94 to call upon the plaintiffs to produce the above said document; that the suit was filed only for the relief of injunction and such document as directed to be produced by the plaintiffs may not be necessary for deciding the point in dispute in the suit, and that, therefore, the petition was liable to be dismissed, and he accordingly dismissed the said petition. Questioning the said orders, the present revision petition is filed by the defendant.

(3.) Heard both the Counsel.