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2011 DIGILAW 1103 (SC)

Ved Vrata Sharma v. Mahendra Kumar Jain

2011-08-26

A.K.PATNAIK, R.V.RAVEENDRAN

body2011
ORDER : Leave granted. Heard. 2. In the year 2003, respondents 1 and 2 filed a suit for possession against the appellant and third respondent. In the said suit, respondents 1 and 2 filed, among others, an application for summoning the original files of C.S. No.100/1997, which was a disposed of suit, and C.S. No.146/2004, which is a pending suit filed by the appellant. The said application was dismissed by the trial Court by order dated 25.8.2008. Respondents 1 and 2 challenged the said order of the trial Court in W.P. No.13909/2008. Respondents 1 and 2 had filed two other writ petitions No.13908/2008 and 13910/2008 being aggrieved by two other interim orders passed by the trial Court. The High Court, by a common order dated 18.3.2009, allowed all the three writ petitions. Feeling aggrieved by the order in so far as it allowed the writ petition No.13909/2008, the appellant has filed this appeal by special leave. 3. The appellant's contention is while the High Court has given reasons for allowing W.P. Nos. 13908/2008 and 13910/2008, it has assigned no reason for allowing W.P. No.13909/2008 and on that ground alone, the impugned order should be set aside. According to the appellant, even on merits, the said order cannot be supported, as there is no need to summon the records of a pending case. 4. We find that the application was for summoning records of two suits. As far as summoning of records of C.S. No.100/1997, the appellant has no objection. The objection is only in regard to summoning the records of C.S. No.146/2004. The learned counsel for appellant submitted that if plaintiffs in the suit (respondents 1 and 2) produced certified copies of pleadings or any documents from C.S. No.146/2004, the appellant will not object for marking of the same. 5. Summoning the entire record would affect the progress of the pending suit. As appellant has agreed for the marking of certified copies, it is not necessary to summon the records of suit No.146/2004. 6. In view of the above, this appeal is allowed and the order of the High Court in so far as it allows W.P. No.13909/2008 is set aside. The order of the trial Court rejecting the application for summoning the record of C.S. No.146/2004 is restored recording the submission that certified copies from C.S. No.146/2004 could be marked.