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2001 Supreme(Ker) 259

K.A.MOHAMMED SHAFI
Govindan – Appellant
Versus
Koovalasseri S. M. K. Trust – Respondent


Judgment :-

K.A. Mohamed Shafi, J.

The 26th counter petitioner in LA. 1528/2000 in O.P. 156/98 on the file of the District Court, Thiruvananthapuram has preferred this Revision Petition challenging the order dated 28.8.2000. That LA. was filed by the petitioners in the O.P. to direct the respondents to produce the documents or the certified copies before the court as called for in the LA.

2. The above O.P. is filed by the respondents herein seeking leave to file the suit against the counter petitioners in the O.P. under S.92 of the C.P.C. While the O.P. was pending consideration before the court the petitioners in the O.P. - respondents herein filed the above petition before the lower court under O. XI R.14 and Ss.141 and 151 of the C.P.C. to direct the respondents in the O.P. to produce the documents mentioned in the petition. Though the respondents objected the LA. as premature since no leave is granted by the court under S.92 of the CPC to institute the suit and as such no suit in fact is pending before the court, the lower court allowed the LA. stating that there is no harm in ordering production of the original documents or their certified copies in this case. Hence the 26th res






























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