JUDGMENT 1. - The matter comes up on account of the office report about the P.F. and notices for the unserved respondents having been filed late. However, from the record of this Court it appears that the non-petitioner No. 1 who is only contesting non-petitioner being the plaintiff has already been served. Learned counsel for the non-petitioner plaintiff states that since December, 1997 the proceedings in the trial court are stayed, the service of the other non-petitioners be dispensed with and the revision petition itself be finally disposed of at this stage itself as the revision has not yet been admitted. To this request the learned counsel for the petitioner also does not to object. 2. By the impugned order the learned trial court has dismissed the petitioner's application for summoning the original possession report prepared by the Rajasthan Financial Corporation (R.F.C.) at the time of taking over the possession of the petitioner's unit. According to the petitioner the copy of the report as was given to the petitioner has already been filed in the trial court, and therefore, in order to prove that document, original was required to be summoned. According to the learned counsel for the petitioner the original document has substantial bearing on the controversy raised by the petitioner in the suit about the goods having been damaged or lost value due to negligence of the plaintiff. Be that as it may, the learned trial court has dismissed the application by simply observing that since along with the written statement the petitioner has not filed the list of witnesses in order as the filed the list of documents which might include the original possession report. But then it clearly appears from the impugned order itself that the photo copy of the said report does exist on record. In such circumstances, I am of the view that the original possession report should have been permitted to be summoned in order to do complete justice between the parties. The request for requisitioning the original possession report though is opposed by the plaintiff but not with that seriousness. 3. Consequently, the revision petition is allowed. The impugned order is set-aside and the learned trial court is directed to summon the original possession report.
The request for requisitioning the original possession report though is opposed by the plaintiff but not with that seriousness. 3. Consequently, the revision petition is allowed. The impugned order is set-aside and the learned trial court is directed to summon the original possession report. Since the suit is of the year 1987, the learned trial court shall proceed with the trial of the suit most expeditiously and complete it preferably within one year from today.Revision allowed. *******