PRAKASH TATIA, J.

( 1 ) HEARD learned counsel for the parties. The plaintiff moved an application under Order 13 Rule 10 CPC and prayed that a partnership deed executed between the defendants dated 28-3-86 may be summoned from the Income Tax department, upon which the learned trial court allowed the application of the plaintiff-non-petitioner by order dated 30-3-2001, against which the petitioner has moved this revision petition.

( 2 ) LEARNED counsel for the petitioner submitted that the court has no jurisdiction to summon record of any other department except the court under Order 13 Rule 10 CPC. According to learned counsel for the petitioner the relevant provision for summoning of document from any other department except the court in Order 16 Rule 1 and Order 16 Rule 6 cpc, therefore, the impugned order under order 13 Rule 10 CPC is absolutely illegal and contrary to law. Learned counsel for the petitioner further vehemently submitted that even under Order 13 Rule 10 CPC the mandatory requirement of law is that the party, who is seeking relief for summoning of record or document is required to file duly authenticated copy of the document, which party wants to summon