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2023 Supreme(Mad) 367
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
Devarajan - Petitioner
Versus
Janarthanan & Ors. - Respondents
C.R.P. No. 145 of 2023
Decided On : 25-01-2023
Advocate Appeared:
For the Petitioner: Mr. B. Bala Vijayan for M/s. C.S. Associates.
Headnote:
Constitution of India, 1950 - Article 227 – Code of Civil Procedure, 1908 - Section 151 - Suit for declaration and permanent injunction - Set aside order - Petition is filed to set aside order - Plaintiff instituted a suit for declaration and permanent injunction - Held, Trial Court adjudicated Interlocutory Application and found that defendant denied relation of plaintiff with property - Further defendant in suit objected that accounts were closed and therefore, plaintiff has to establish availability of accounts or otherwise during course of trial - When first defendant has stated that accounts are not available with him and it was closed in year, it is for plaintiff to establish his case through documents and evidence or otherwise - Trial Court cannot compel first defendant to produce accounts which are stated as not available with him - Thus, this Court does not find any infirmity in respect of findings made in order impugned - Accordingly, order stands confirmed - Petition dismissed.
ORDER :
Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the order dated 15.09.2022, passed in I.A.No.824 of 2021 in O.S.No.29 of 2013, on the file of the Court of the Principal Sub-ordinate Judge, Kallakurichi and allow the above Civil Revision Petition.
The Civil revision petition is filed against the order dated 15.09.2022 passed in I.A. No.824 of 2021, in O.S. No.29 of 2013. The revision petitioner is the plaintiff who instituted a suit for declaration and permanent injunction.
2. During the pendency of the suit, the revision petitioner filed an Interlocutory Application in I.A. No.824 of 2021 under Section 151 of CPC, to submit the accounts of RVN agencies since 15.12.1980 till date. The Trial Court adjudicated the Interlocutory Application and found that the defendant denied the relation of the plaintiff with the suit property. Further the defendant in the suit objected that the accounts were closed on 17.04.2001, and therefore, the plaintiff has to establish the availability of the accounts or otherwise during the course of the trial.
3. When the first defendant has stated that the accounts are not available with him and it was closed in the year 2001, it is for the plaintiff to establish his case through documents and evidence or otherwise. The Trial Court cannot compel the first defendant to produce the accounts which are stated as not available with him. Thus, this Court does not find any infirmity in respect of the findings made in the order impugned.
4. Accordingly, the order dated 15.09.2022 passed in I.A. No.824 of 2021, in O.S. No.29 of 2013 stands confirmed, thus the Civil Revision Petition in C.R.P.No.145 of 2023 stands dismissed. However, there shall be no order as to costs.
