THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No. 3728 of 2011 ORDER: The petitioner filed O.S.No.82 of 2008 in the Court of V Additional District Judge, Ongole against the respondents for the relief of rendition of accounts and for recovery of about Rs.10,00,000/-. He pleaded that respondents 1 and 2 appointed him as a recovery agent and that the agreed amount was not paid. Respondents 1 and 2 filed a written statement pleading discharge. The trial of the suit commenced and the evidence was also recorded. At the stage of arguments, the petitioner filed I.A.No.396 of 2011 under Order 16 Rule 6 C.P.C. with a prayer to direct the respondents to produce certain documents, such as day book, ledger, receipts and vouchers, agreement. The respondents filed a counter stating that the documents insisted by the petitioner are not available with them. The trial Court dismissed the I.A. through a docket order dated 17.08.2011 on the ground that the respondents pleaded that the documents are not available. The same is challenged in this revision. Heard the learned counsel for the petitioner. Though notice is served upon the 1st respondent, it has not chosen to enter appearance. It is endorsed that the other respondents are not necessary to this revision. The petitioner wanted to rely upon certain documents, which are said to be in the custody of the 1st respondent. Accordingly, an application under Order 16 Rule 6 C.P.C. was filed. The 1st respondent pleaded that the documents mentioned in the I.A. are not available with them. If that be so, the trial Court has to make an observation to the effect that an inference must be drawn as provided for under Section 114 (g) of the Evidence Act. Though the same is not made clear under the order under revision, it needs to be inferred. Therefore, the writ petition is disposed of directing that the trial Court shall draw an inference as provided for under Section 114(g) of the Evidence Act, at the relevant stage vis-à-vis the documents that are mentioned in the I.A. There shall be no order as to costs. __________ 13.10.2011 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No. 3728 of 2011 Date: 13.10.2011 JSU