IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.5285 of 2009 Between: Mitta Lokesh ..... PETITIONER AND Grandhi Narayana Chetty .....RESPONDENT The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.5285 of 2009 O R D E R: Petitioner is the defendant in the suit O.S.494/2007 on the file of the Additional Senior Civil Judge, Tirupati filed by the respondent/plaintiff for recovery of money based on the promissory note. It is the case of the petitioner that himself as well as the plaintiff both are the income tax assessees. He disputes the amount covered under the promissory note. It is further stated that in order to rebut the allegations of the plaintiff, the petitioner has filed I.A.686/2009 under Or.16 Rules-1, 6 and 7 of CPC seeking to issue summons to the Income Tax Commissioner, Tirupati to give evidence with regard to returns submitted by himself as well as the plaintiff for the years 2004- 05 and 2005-06. But the said application has been dismissed by the Court below. Aggrieved by the same, this Civil Revision Petition is filed. I am of the opinion that the trial Court has rightly dismissed the said application, as the petitioner/defendant can obtain certified copies of those returns and produce the same before the Court below to prove his contentions. If the Income Tax Officer refuses to furnish the certified copies of returns, it is open for the petitioner/defendant to take appropriate steps. I do not see any infirmity legal or otherwise to interfere with the impugned order. The Civil Revision Petition is accordingly dismissed. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 18.12.2009 Dsr