THE HON’BLE SMT JUSTICE T.MEENA KUMARI Civil Revision Petition No. 4734 OF 2009 ORDER: This civil revision petition is directed against the docket endorsement dated 1st October, 2009 made on a petition in I.A. Sr. No. 5174 of 2009 in O.S. No. 2045 of 2007 by the IV Senior Civil Judge, City Civil Court, Hyderabad that how the petitioner is entitled to summon the documents to which he is not a party and how the documents are relevant to the suit. Revision petitioner herein is the petitioner/defendant No.1 and the respondents are the plaintiff and defendants 2 to 5 in the suit. The revision petitioner filed the above I.A. under Order XIII Rule 10 read with Sec 151 CPC requesting the court to summon certain documents which are in court custody without returning the same to the party. The court below returned the said petition with the endorsement that “how the petitioner is entitled to summon the documents to which he is not a party. How the documents are relevant to this suit”. Aggrieved against the said endorsement, the present civil revision petition is filed. Learned counsel for the revision petitioner has submitted that in pursuance of the orders passed by this Court in CRP No. 4265 of 2009 dated 11th September 2009 the petitioner filed the above petition to summon documents i.e., (1)promissory note and receipt executed by the plaintiff in favour of Smt. Imtiaz Banu dated 31-03-1991 (2) Mutual agreement entered by plaintiff with Smt. Imtiaz Banu, dated 30- 03-1991 which were not marked in O.S. No. 1033/1992 on the file of II Senior Civil Judge, City Civil Court, Hyderabad. Learned counsel has also submitted that even without affording an opportunity to submit how the said documents are required in the suit and without being heard, the court below returned the said application with the above endorsement. Having heard the learned counsel for the petitioner and in view of the submission that the petitioner was not given any opportunity to be heard, and in view of the principle that no person should be condemned unheard, I am of the opinion that the matter be remanded to the court below to pass appropriate orders after hearing both the parties and within a period of six weeks from the date of receipt of a copy of this order. With the above observations, this civil revision petition is disposed of. No costs. ____________ 26-11-2009 Kvrk/rkk THE HON’BLE SMT JUSTICE T.MEENA KUMARI C.R.P. NO. 4734 OF 2009 26th November 2009