Kerala High Court
Biju Jacob vs Central Bank Of India on 2 November, 2024
O.P(C) No.2419 of 2024 1
2024:KER:81533
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
SATURDAY, THE 2ND DAY OF NOVEMBER 2024 / 11TH KARTHIKA, 1946
OP(C) NO. 2419 OF 2024
AGAINST THE ORDER DATED 22.07.2024 IN IA 5/2024 IN OS
NO.82 OF 2021 OF ASSISTANT SESSIONS COURT/SUB COURT / COMMERCIAL
COURT, PATHANAMTHITTA
PETITIONER/PETITIONER/PLAINTIFF:
BIJU JACOB,AGED 60 YEARS
S/O. LATE P.T. CHAKKO, SANTHA BHAVAN, KALANJOOR P.O,
PATHANAMTHITTA, PIN - 689694
BY ADVS. SIDHARTH A.MENON
V.AJAKUMAR,SANDRA MARIYA
VINITHA S.T.
RESPONDENTS/COUNTER PETITIONER/DEFENDANTS:
1 CENTRAL BANK OF INDIA
REPRESENTED BY ITS BRANCH MANAGER KALANJOOR BRANCH,
PATHANAMTHITTA, PIN - 689694
2 THE REGIONAL MANAGER, THE REGIONAL OFFICE,
CENTRAL BANK OF INDIA, GEO TOWERS, 2ND FLOOR,
SAHODARAN, AYYAPPAN ROAD, PALLIMUKKU, ERNAKULAM,
PIN - 682016
3 THE ZONAL MANAGER, THE ZONAL OFFICE,
CENTRAL BANK OF INDIA,48/49, MONTEITH ROAD,
EGMORE, CHENNAI, PIN - 600008
OTHER PRESENT:
SC K M ANEESH
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02.11.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(C) No.2419 of 2024 2
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VIJU ABRAHAM, J.
.................................................................
O.P(C) No.2419 of 2024
.................................................................
Dated this the 2nd day of November, 2024
JUDGMENT
The above original petition is filed seeking to set aside Ext.P4
order dated 22.07.2024 in I.A.No.5 of 2024 in O.S.No.82 of 2021 pending
before the Sub Court, Pathanamthitta whereby the petition seeking a
direction to the respondent to produce document has been dismissed.
2. Petitioner is the plaintiff in O.S.No.82 of 2021 before the Sub
Court, Pathanamthitta. The suit was for recovery of money due towards
illegal use and occupation of the plaint schedule building and damage
caused to the plaint schedule building and for other consequential reliefs. It
is contended that the property was taken on lease from the father of the
plaintiff /petitioner by the 1st respondent and the suit has been filed for
recovering an amount of Rs.22,81,482/- from the defendants towards
compensation for illegal use and occupation of the plaint schedule
building, amount of electricity charges paid, etc. A written statement was
filed by the defendants who are the respondents herein wherein they have
admitted that they shifted the branch to a new premises. In order to prove
the new rate of rent paid by the respondents to the new building owner
petitioner filed Ext.P3 application as I.A.No.5 of 2024 calling upon the
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respondents to produce new rent/lease deed and the statement showing
the monthly rent paid to the new owner. The said request was disallowed
by Ext.P4 and the said order is under challenge in this original petition.
Learned counsel for the petitioner submits that the stand of the court in
Ext.P4 is absolutely without any basis and the document is very much
relevant to prove whether the amount allegedly due from the respondents
for illegal occupation is fair and reasonable.
Order XI Rule 5 CPC mandates production of documents if the
document is related to the matter in controversy regarding the suit. What
has now been sought to be produced is an agreement executed by the
defendants with the third party which is not relevant for deciding the issues
involved in this case. Likewise the account statement relating to the third
party is also not relevant. Taking such a stand the request made by the
petitioner has been rejected by the trial court. I find absolutely no reason
to interfere with Ext.P4 order of the trial court. Accordingly the original
petition is dismissed.
Sd/-
VIJU ABRAHAM
JUDGE
cks
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APPENDIX OF OP(C) 2419/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PLAINT IN O.S 82 OF
2021 FILED BEFORE THE HON'BLE SUB COURT
OF PATHANAMTHITTA
Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT
Exhibit P3 TRUE COPY OF THE PETITION I.A NO. 5 OF
Exhibit P4 TRUE COPY OF THE ORDER DATED 22/07/2024
IN I.A NO. 5 OF 2024
