SYED WAJID Vs. RADHABARASIA

JUDGEMENT

(1.) This Civil Revision Petition is filed under Article 227 of the Constitution of India questioning the refusal of the Memo, dtd. 17.06.2021 in IA No.170 of 2019 in OS No.141 of 2019 on the file of the learned II Additional Chief Judge, City Civil Court, Hyderabad for summoning the Assistant Commercial Tax Officer, Charminar Circle, Hyderabad, for marking the documents received from his office.

(2.) The petitioner/defendant has filed an application under OrderXVI, Rules 1 and 2 of Civil Procedure Code read with Rule 129 of Civil Rules of Practice to summon the records i.e., VAT registration certificate, Form No.115, Rental Agreement dtd. 08.05.2014 and other annexure attached to the Z Tarpaulin under TIN No.36885826360 from the office of the Assistant Commercial Tax Officer, Charminar Circle, 9th floor, Gagan Vihar, Nampally, Hyderabad and to depose evidence in the above case. This application in IA No.117 of 2021 was allowed on 09.03.2021 stating that notice was given to other side, no objection reported, accordingly, it was allowed. Documents as requested are called for and the concerned Officer also summoned to depose evidence.

(3.) Subsequent to 09.03.2021, the petitioner/defendant has filed a Memo on 17.06.2021 stating that the application in IA No.117 of 2021 was allowed and that he has filed an application for inspection of the documents, it was also allowed, but due to covid-19 pandemic lockdown, the petitioner/defendant did not notice the production of documents and he is depositing the process to summon the witness i.e., Assistant Commercial Tax Officer, Charminar Circle for giving evidence, pursuant to the orders in IA No.117 of 2021.