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1997 Supreme(AP) 1198

S.S.HUSSAINI
Chekka Krishna Prasad – Appellant
Versus
Kotha Appa Rao – Respondent


S. S. HUSSAINI, J.

( 1 )

( 2 ) MR. Y. Venkaieswarlu, the learned Counsel for the petitioner submits that the respondent-plaintiff has filed a suit against the petitioner who is the defendant therein for a mere injunction claiming title over certain immovable property which is said to be a tin-shed premises, for which, the petitioner-defendant is also claiming title on the basis of a registered sale deed: but, the respondent-plaintiff challenges the validity of the said sale deed in favour of the petitioner-defendant on the ground that it is invalid in law. The Trial Court, on an application filed by the respondent-plaintiff under Order 16 Rule 6 C. P. C. has allowed the petition to summon admission register and T. C. from E. V. Reddy College, Kodad, which reflects the age of the petitioner as a minor on the dale of execution of the sale deed. In this regard, the learned Counsel for the petitioner submits that the Court has no authority to summon a document from the custody of third party, especially public office, without the respondent-plaintiff showing the relevancy of the particular document for adjudication of the rights of the parties in the suit.

( 3 ) ORDER 16 Rule 6 C. P. C.





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