Adepu Venkateshwarulu vs Bheemanathini Mallesham
2023 Latest Caselaw 1901 Tel

     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

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

2001 3 SCC 1

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