IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.5566 OF 2009 Between : Marthi Katyanani ... PETITIONER A N D J.Pathanjali Sstry and others. …RESPONDENTS THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION NO. 5566 OF 2009 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 07.09.2009, in I.A.2348 of 2009 in O.S.No.281 of 2005 on the file of Chief Judge, City Civil Court, Hyderabad, whereunder and whereby, the application filed under Order XVI Rule 1 C.P.C., to summon the Income Tax Officer, Ward No.9(2), Professional Circle, Income Tax Department, I.T.Towers, Masab Tank, Hyderabad, for production of income tax returns of late J.V.Suryanarayana Rao, who is father of petitioner / plaintiff for the assessment years 1991-1992 to 2001-2002, was dismissed, on the ground that Rule 129 (3) of the Civil Rules of Practice, no Court shall issue summons unless it considers the production of the original necessary or is satisfied that the application for a certified copy had been duly made and has not been granted. 2. Heard both sides. 3. There is no allegation in the affidavit filed in support of the petition that the petitioner applied for certified copies of relevant income tax returns and the same was rejected. Without doing so, the petition is filed to summon the Income Tax Officer for production of certain income tax returns of late J.V.Suiryanarayana Rao. So, the impugned order does not suffer from any infirmities so as to call for the interference of this Court. 4. Accordingly, the Civil Revision Petition is dismissed. However, this order will not preclude the petitioner in filing necessary application after applying for the certified copies of the relevant documents before the competent authority under Rule 129 (3) of Civil Rules of Practice and filing the same before the trial Court. There shall be no order as to costs. _______________ K.C.BHANU. J NOVEMBER 11, 2010. YVL