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2004 DIGILAW 314 (AP)

K. Krishna Chary v. Jai Kisan Associates, Bhongir

2004-03-15

L.NARASIMHA REDDY

body2004
L. NARASIMHA REDDY, J. ( 1 ) THE respondent filed O. S. 19 of 2000 in the Court of the Senior Civil Judge at bhongir for recovery of Rs. 2,04,954. 00 on the strength of a Pronote dated 17-11-1997. He filed I. A. No. 223 of 2002 under Order XI rule 14 read with Section 151 of the Code of civil Procedure seeking a direction to the petitioner herein to hand over the RC book of hypothecated Maruthi Car bearing No. AP 9-7828. The same was allowed by the trial court through its order dated 07-11-2003. Hence, this revision. ( 2 ) THE learned counsel for the petitioner submits that the application filed by the respondent was misconceived and the provision referred to therein does not enable the Court to direct the petitioner to hand over the RC book. He submits that the application itself was beyond the scope of the suit and the trial Court ought not to have entertained it at all. ( 3 ) THE learned counsel for the respondent on the other hand submits that the loan was obtained by the petitioner to purchase a car and that the possession of the car was taken over by the respondent. He submits that unless the RC book is delivered, the respondent would not be in a position to use the vehicle. ( 4 ) THE suit filed by the petitioner is for recovery of the amount referred to above. No other relief is claimed in it. From the pleadings in the suit as well as in the I. A. , it is not clear as to whether the vehicle was subjected to any hypothecation. It is not in dispute that after filing of the suit, the respondent had taken possession of the vehicle from the petitioner. While the petitioner filed I. A. No. 594 of 2001 for return of the vehicle, the respondent filed I. A. No. 223 of 2002 seeking a direction to the petitioner to hand over the RC book. Through a common order dated 07-11 -2003, the trial Court allowed I. A. No. 223 of 2002 directing the petitioner to hand over the rc book. The I. A. No. 594 of 2001 was dismissed. ( 5 ) THE respondent filed the application under Order XI Rule 15 (sic. 14) read with section 151 of the Code of Civil Procedure. Through a common order dated 07-11 -2003, the trial Court allowed I. A. No. 223 of 2002 directing the petitioner to hand over the rc book. The I. A. No. 594 of 2001 was dismissed. ( 5 ) THE respondent filed the application under Order XI Rule 15 (sic. 14) read with section 151 of the Code of Civil Procedure. Order XI deals with the discovery and inspection of documents. The various rules in this Order prescribe the procedure for preparation of interrogatories, discovery and production of documents. The documents referred to in this Order are referable to the suit and to be considered in evidence in relation to the claim. The respondent has used the mechanism provided for under this order, to secure a document for himself. Order XI does not permit such a course of action. The respondent has filed the application under the aforesaid provision obviously because he did not find any other provision, to suit his convenience. ( 6 ) IN a suit for recovery of money, the only interim measure that can be expected is an application under Order XXXVIII. The assistance of the Court cannot be extended to support an action taken by the plaintiff himself. Such a course of action would amount to misuse of the proceedings, and in a way puts premium on acts and omissions of the parties. Even if the suit was for the purpose of recovery of possession of the vehicle, the question of directing delivery of document would not have arisen unless the suit itself is decreed. Giving a direction to deliver the documents in relation to a vehicle, as an interim measure in a suit for recovery of money, is outside its contemplation. In that view of the matter, the order under revision cannot be sustained. ( 7 ) THE Civil Revision Petition is accordingly allowed and the order dated 07-11-2003 in I. A. No. 223 of 2002 in o. S. No. 19 of 2002 passed by the Senior civil Judge at Bhongir is set aside. No order as to costs.