ABDUL SAKOOR UMAR SAHIGARA Vs. HARACHAND DEY

JUDGEMENT

(1.) THE plaintiff is the petitioner.

(2.) THE facts giving rise to this revision are as follows:-The plaintiff filed a suit for recovery of Rs. 60,000/- odd on the basis of a security bond alleged to have been executed by the defendant on 7-8-1963 for Rupees 97,000/- odd on settlement of accounts between the parties. The defence in short, is that the plaintiff had supplied articles worth only Rs. 60,000/- odd, but in collusion with the defendant's agent manipulated the latter's accounts to show supply of articles worth Rs. 97,000/- odd. Before filing of the written statement, the defendant filed a petition for directing the plaintiff to produce his bills which was rejected. The written statement was filed in April, 1967. Thereafter, the defendant filed another petition on 9-1-1968 before the trial Court for directing the plaintiff to produce his accounts relating to past transactions between the parties. On objection by the plaintiff, the said petition was rejected. On 29-1-1968. The defendant preferred C. R. No. 61 of 1968 against the said order of rejection, but the same was withdrawn on 20-6-1964 On 4-3-1968, the defendant filed another petition for directing the plaintiff to produce his accounts for the period from 1-11961 to 7-8-1963. This was dismissed for default on 28-3-1968. On 29-3-1968. the defendant filed another petition for restoration of the same and ultimately it was restored and by order dated 17-8-1968 the petition of the defendant was rejected on merits. Against this order, the defendant preferred C. R. No. 361 of 1968 and the same was dismissed by the High Court on 12-8-1969. Hearing of the suit commenced on 3-9-1970 on which date, the P. Ws. and D. Ws. were examined and the suit was posted to 9-9-1970 and thereafter to 16-9-1970 for arguments. On 16-9-1970 and 17-9-1970, arguments were heard and the suit was reposted to 19-9-1970. On 18-9-1970. the defendant filed a petition for recalling p. W. 1 and directing him to produce his books of accounts for the period from 74-1960 to 7-8-1963. On 19-9-1970, the suit was posted to 29-9-1970 for judgment and for orders on the petition dated 18-9-1970- After two or three adjournments, ultimately the learned Additional Subordinate Judge passed an order directing the plaintiff to produce his books of accounts for three years from 7-4-1960 to 7-8-1963 relating to his business transactions with the defendant. It is this order which is under challenge in this revision.

(3.) THE main contention of learned Counsel for petitioner is that when successive petitions by the defendant for directing the plaintiff to produce his books of accounts had been rejected and the orders of rejection also confirmed by the High court in revision, the trial Court committed a gross error in allowing a fresh petition on the same grounds with the same prayers without paying any regard to the finality of orders passed on the previous petitions. On the other hand, it is contended on behalf of opposite party that orders on this petition being interlocutory in nature, the previous orders will not operate as res judicata, and therefore, the trial Court had jurisdiction to pass the impugned order if it felt that in the interests of justice the plaintiff should be directed to produce his accounts.