IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.1168 of 2010 Between: G.Gopal ..... PETITIONER AND Chintama Chetty Venkata Ramana .....RESPONDENT The Court made the following: THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.1168 of 2010 ORDER: This Civil Revision Petition is filed by the petitioner/defendant aggrieved by the order passed by the Additional Senior Civil Judge, Tirupati dated 13.11.2009 in I.A.979/2009 in O.S.464/2008. Heard both the counsel. The petitioner is the defendant in the suit filed by the respondent for recovery of money. It is the case of the plaintiff that the defendant took hand loan of Rs.2 lakh for his urgent business purpose and issued post-dated cheque dated 01.07.2008, but he failed to repay the said amount. The plaintiff when presented the said cheque for encashment, the same was returned unpaid with an endorsement “insufficient funds”. A written statement was filed denying all the allegations. During pendency of the suit the defendant filed I.A.979/2009 under Or.16 Rule-7 read with Sec.151 CPC praying to issue summons to the Income Tax Officer, Tirupati (Income Tax Officer 2(2), O/o.Income Tax, Varadaraja Nagar, Tirupati) to produce assessment file of the plaintiff for the year 2008-09 and to give evidence. A counter was filed by the plaintiff stating that he is not the income tax assessee. It is stated that according to Rule-129 of Civil Rules of Practice, it is open for the petitioner to obtain certified copies of those documents which are relevant, but the Income Tax Officer cannot be examined. The trial Court dismissed the said application stating that it is not the case of the plaintiff that the said cheque transaction was shown in his returns. Even if the income tax returns of the plaintiff are summoned, the controversy cannot be resolved. It is for the petitioner/defendant to prove his case based on oral and documentary evidence, and accordingly, the trial Court dismissed the said application. I am of the opinion that it is not the case of the defendant that the said cheque transaction has been shown in the income tax returns of the plaintiff. No such plea has been taken in the written statement. However, if any income tax returns are relevant, it is always open for the petitioner/defendant to secure certified copies of the same and file the same before the Court below. In view of the above, I am of the opinion that the petitioner/defendant is not entitled to summon the Income Tax Officer for the purpose of production of the alleged assessment file of the plaintiff for the year 2008-09. 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: 18.06.2010 Dsr