( 1 ) THE petitioner filed a suit. Summons were issued to the defendants and without filing the written statement an application came to be filed by the defendants. They moved the application praying that an order passed by the revenue Divisional Officer, Ongole and enquiry report of the Mandal Revenue officer, Chinaganjam be called. The application was allowed by the following order:"2-4-99 for counter. Counter not filed. Petition is allowed. Summons to M. R. O. Chinaganjam".

( 2 ) THIS order has been challenged on the ground that without filing of written statement and without knowing whatare the issues in dispute be tween the parties the documents could not be summoned by the learned Judge.

( 3 ) THE learned Judge has not given any reasons for passing the order. The order on this ground alone could be set aside. However, the learned Counsel for the respondents submits that the Court has the power to pass such order under Order 14 Rule 4 of C. P. C, which is reproduced:"order XIV Rule 4 C. P. C: court may examine witnesses or documents before framing issues - where the Court is of opinion that the issues cannot be correctly framed without the examination of some pe