High Court Kerala High Court

High Range Sndp Union … vs K.A.Surendran on 10 January, 2011

Kerala High Court
High Range Sndp Union … vs K.A.Surendran on 10 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3197 of 2010(O)


1. HIGH RANGE SNDP UNION ADMINISTRATOR,
                      ...  Petitioner

                        Vs



1. K.A.SURENDRAN, S/O.ACHUTHAN,
                       ...       Respondent

                For Petitioner  :SRI.A.N.RAJAN BABU

                For Respondent  :SRI.K.JAGADEESCHANDRAN NAIR

The Hon'ble MR. Justice N.K.BALAKRISHNAN

 Dated :10/01/2011

 O R D E R
                  N.K.BALAKRISHNAN, J.
                  --------------------------------
                  W.P.(C) No.3197 of 2010
                  ---------------------------------
        Dated this the 10th day of January 2011


                       J U D G M E N T

As per Ext.P10 order the learned Munsiff directed the

revision petitioner herein to produce certain documents

mentioned in Ext.P8. Resisting the request for summoning the

documents, objection statement was filed by the petitioner

herein. The objection raised by the petitioner was that the

documents sought for are not necessary for the determination of

the point involved in the application filed by the respondent

complaining of violation of the order of injunction. The objection

was turned down by the learned Munsiff and summons was

issued to the witnesses to produce the documents.

2. The learned counsel for the petitioner submits that

the order passed by the learned Munsiff under Order XXXIX Rule

1 CPC was not violated by the petitioner herein and that no

evidence as such is required in that matter. It is a fact that an

W.P.(C) No.3197 of 2010

-: 2 :-

application was filed by the respondent under Rule 2A of Order

XXXIX CPC. What are the documents to be produced to prove

the alleged violation of the order of injunction is not supposed to

be said by this Court at this stage. The main grievance of the

petitioner is that SNDP Yogam is a company whereas the High

Range SNDP Union is a Sakha. It is stated that this Sakha is not

directly under the control of the Yogam. Any way those are not

matters to be dealt with in this writ petition. The grievance

voiced by the learned counsel for the petitioner is that under the

guise of a petition under Rule 2A of Order XXXIX the respondent

is trying to fish out evidence for some other case by collecting

documents from the Sakha which are absolutely not necessary

for the proper adjudication of the petition filed under Rule 2A of

Order XXXIX CPC.

3. The learned counsel for the respondent submits that

the order passed by the court below summoning the witnesses to

produce certain documents is not something to be interfered

with invoking jurisdiction under Article 227 of the Constitution

of India. Jurisdiction under Article 227 of the Constitution of

India is only visitorial in nature. I find force in that submission.

W.P.(C) No.3197 of 2010

-: 3 :-

This Court should not interfere in the matter as the court below

has only summoned the witnesses to produce documents. The

relevancy or otherwise of those documents for the purpose of

adjudication of the petition filed under Rule 2A of Order XXXIX

CPC will certainly be considered when those documents are

brought in evidence. So much so, I find no reason to interfere

with the order passed by the learned Munsiff. The petitioner can

either produce the document or file an affidavit to the effect that

the documents are not with them, if it is so.

In the result, this writ petition is dismissed. But it is

made clear that, if the documents sought for are produced, the

court below should ensure that only those documents which are

relevant for the purpose of the case should be admitted and that

the respondent should not be permitted to fish out evidence for

some other case.

N.K.BALAKRISHNAN,
JUDGE.

Jvt