Whether the court has the power to direct production of evidence from public officials in superior positions.

ORDER

This Civil Revision Petition has been filed seeking to set aside the fair and decreetal order dated 20.09.2025 made in I.A. No. 10 of 2025 in OS No.

593 of 2012 on the file of the Additional District Munsif Court II, Salem. 2. The petitioner herein filed .A. No. 10 of 2025 in OS No. 593 of 2012 on the file of the Additional District Munsif Court II, Salem, Under Order 16 Rule 1(2) & 7 (A) CPC seeking to issue summons to Tahsildar Salem for evidence. Upon hearing both sides, the Trial Court dismissed the application stating that to get revenue records the petitioner can file the application before the concerned authority to get certified copy and there is no necessity to issue summons. Aggrieved over the same, the petitioner filed this Civil Revision petition.

2. 1.The learned counsel for the petitioner submitted that the petitioner filed the suit for a declaration to set aside the sale deed dated 25.09.1998 as null and void, and also for a consequential permanent injunction. To establish title, possession, and the demarcation of the property, the petitioner examined the Village Administrative Officer as P.W.2 and the Surveyor as P.W.3. During their cross-examination, it was stated that the original records, including the Field Measurement Book (FMB) and survey sketches, are under the custody of the Tahsildar. Therefore, the examination of the Tahsildar, Salem, along with the original revenue records, is essential to adjudicate the issues involved in the suit.

3. Heard the learned counsel for the petitioner and perused the materials available on record.

4. It is observed that although the VAO and Surveyor have already been examined, the petitioner seeks to summon the higher revenue authorities to produce the original records to substantiate his case. Since the Tahsildar, Salem, is the lawful custodian of the relevant revenue records, this Court is of the view that the production of these original documents is necessary for a just decision in the suit.

5. However, this Court is of the opinion that the Tahsildar, Salem, need not appear in person, the competent official from the Taluk Office, well-

acquainted with the facts and records of the suit property, appears before the Trial Court to give evidence and produce the required original documents. 6. Accordingly, this Civil Revision Petition is allowed, and the order of the Trial Court is set aside. The Trial Court is directed to issue summons to the Tahsildar, Salem, to depute a competent official to give evidence and produce the original revenue records pertaining to the suit property. No Costs. Pending petition, if any, is closed.