MONICA BIBLI SOOD Vs. KARAN J. KUMAR

JUDGEMENT

(1.) THE defendant is in revision petition aggrieved against the order passed by the learned Trial Court on 15.11.2003 whereby defendant No. 1 was directed to produce document i.e. document granting legal sanction from the Government of India to hold property in India.

(2.) THE plaintiff-respondent has filed a suit for declaration challenging the gift deeds dated 26.3.1964 and 28.4.1966 in favour of defendant No. 1 by their father Dr. Amar Nath Sood, the suit has been filed on 21.7.1997, when the case was fixed for the evidence of the plaintiff, an application was filed by him to the effect that defendant No. 1 in his written statement dated 17.7.1998 has mentioned that after migrating to New Zealand he relinquished Indian Citizenship and is having a valid passport from Government of New Zealand. It has further been stated that he is holding the property i.e. Bungalow No. 1098, Sector 8-A, Chandigarh in India after getting due legal sanction from the Government of India under the relevant Rules and Regulations.

(3.) LEARNED counsel for the petitioner before this Court has vehemently argued that the order passed is wholly unjustified and the legal sanction is wholly immaterial for the purpose of controversy in the suit. In any case, the plaintiff cannot seek production of such document at this stage.