THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY C.R.P.No.618 of 2011 Date : 11-3-2011 Between : City Finance Corporation, represented by its Managing Partner Simma Malleswara Rao .. Petitioner and another And Tangi Surya Rao and others .. Respondents Counsel for petitioners : Sri Nimmagadda Satyanarayana Counsel for respondents : The Court made the following: ORDER: This Civil Revision Petition is filed against order dated 3-2-2011 in I.A.No.820/2010 in O.S.No.54/2007 on the file of Additional Senior Civil Judge, Srikakulam. The petitioners are defendants 1 and 2 in the suit filed by respondent No.1 for various reliefs including the one for rendition of accounts. The petitioners filed their written statement and the documents available with them along with the written statement. Thereafter, the petitioners filed I.A.No.820/2010 under Order VIII Rule 1A(3) to receive computerized accounts of the firm from 1-4-2008 till 31-10- 2010 along with computer disc on the ground that they could not file the same before the court at the relevant time. This application was dismissed by the court below. At the hearing, learned counsel for the petitioner placed reliance on sub-rule (1) of Order VIII Rule 1A C.P.C. which envisages that where the defendant bases his defence upon a document or relies upon any document in his possession or power in support of his defence or claim for set off or counter claim, he shall enter such document in a list and shall produce it in court when the written statement is presented by him and shall at the same time, deliver the document and a copy thereof to be filed with the written statement. Under sub-rule (2), where any such document is not in possession or power of the defendant, he shall wherever possible, state in whose possession or power it is and under sub-rule (3) a document which ought to be produced by the defendant under this rule and is not so produced shall not without the leave of the court, be received in evidence on his behalf at the hearing of the suit. In my opinion, there is no legal obligation on the part of the petitioner to file the accounts at this stage in the absence of a decree passed in favour of the plaintiff. As one of the reliefs claimed in the suit is a decree for rendition of accounts, it is always open to the petitioners to file the accounts as and when they are called upon to do so by the court below in pursuance of the decree if any passed by it. Therefore, I am of the view that it is not necessary for the petitioners to keep filing applications time and again for production of the documents in their possession. Obviously, this application is filed to drag on the suit proceedings and I do not find any bonafides in the same or any error of law or jurisdiction in the order of the lower court. The Civil Revision Petition is accordingly dismissed. _________________________ C.V. NAGARJUNA REDDY.,J Date : 11-3-2011 AM