VIJAY KUMAR Vs. JASWINDER SINGH

JUDGEMENT

(1.) This revision petition under Section 115 of the Code of Civil Procedure (hereafter referred to as the Code) is directed against the order dated 25.8.1999 passed by the learned Senior Sub Judge, Shimla, whereby the application of the petitioner under Section 151 of the Code for sending for the records of the suit pending in another Court has been dismissed.

(2.) Brief facts leading to the presentation of this revision petition are that the petitioner/Decree Holder (hereafter referred to as the petitioner) had filed an application under Order 21 Rule 32 of the Code against the respondent/Judgment debtor (hereafter referred to as the respondent) in the Court of the learned Senior Sub Judge, Shimla, on the allegations that the respondent had disobeyed the decree passed by the Court. The application was contested by the respondent. Thereafter, the parties admittedly led evidence in support of their rival claims. When the application was fixed for arguments, the petitioner moved an application under Section 151 of the Code praying for summoning Civil Suit file titled Sushil Kaur v. Vijay Kumar, pending in the Court of learned Sub Judge (1), Shimla, on the ground that in the said suit, the respondent being plaintiff, had attached original photographs of the disputed premises and certified copies of such photographs had been produced by the petitioner in evidence in the aforesaid application. However, the certified copy of the photo produced in evidence in the application cannot be very clearly deciphered and, therefore, it is necessary to summon the original file containing the photo filed by the respondent in the aforesaid civil suit for proper appreciation. The application was resisted by the respondent and the court below dismissed the application on the ground that the evidence on record of the application cannot be appreciated by looking into the evidence which has been led by the respondent in the aforesaid suit.

(3.) I have heard the learned Counsel for the parties and have also gone through the records.