THE HONOURABLE SRI JUSTICE K.SURENDER CIVIL REVISION PETITION Nos.2599 & 2600 OF 2023 COMMON ORDER: 1. No notice is issued to the respondent since the
matters can be decided at the stage of admission and no prejudice will be caused.
2. The petitioner filed I.A.No.285 of 2022 praying the Court to direct the respondent/plaintiff to produce the cheques, which are mentioned in the plaint and in his chief examination and to give evidence regarding the same. I.A.No.286 of 2022 was filed to bring one document on record, which is the receipt allegedly executed by the plaintiff.
3. Learned Senior Civil Judge dismissed both the applications. The reason given for dismissing I.A.No.285 of 2022 is that in the event of amount being paid, the cheques would have been returned, as such, the Court was not inclined to direct production of those cheques. In I.A.No.286 of 2022, learned Judge found that there is no mention of the receipt dated 25.03.2016, which was sought 2 to be brought on record in the written statement. For the said reason, the prayer to mark the said receipt was denied and petition dismissed.
4. Learned counsel appearing for the petitioner would submit that the petitioner, who is the defendant in the main suit, there is an admission by the plaintiff that amounts were returned towards cheques which were issued prior to filing of the suit. In the said circumstances, cheques have to be summoned. Further, the document which is a receipt was found only recently for which reason, the petition was filed.
5. The Hon'ble Supreme Court in Bipin Shantilal Panchal vs. State of Gujarat and Another 1, held that the trial Court admit the documents subject to objection and decide admissibility of said documents during final disposal.
6. In the light of the judgment of the Hon'ble Supreme Court, the C.R.P.No.2600 of 2023 as against I.A.No.286 of 2022 is allowed and the order dated 14.07.2023 is hereby 1 2001 3 SCC 1 3 set aside. However, there are no grounds to direct the summoning of the cheques from the possession of the plaintiff. In the event of there being no liability on the cheques which are in possession of the plaintiff, they are no use to the plaintiff. According to the counsel, the petitioner has admitted that the outstanding amount was already repaid. In such event, no useful purpose would be served, if cheques are summoned by the Court and further party cannot be compelled to produce the documents. Accordingly, C.R.P.No.2599 of 2023 is dismissed.
7. Miscellaneous applications pending, if any, shall stand closed.
_________________ K.SURENDER, J Date: 01.09.2023 dv