THE HON'BLE SRI JUSTICE G.V. SEETHAPATHY CIVIL REVISION PETITION No.1049 OF 2011 ORDER: This Civil Revision Petition is filed against the order dated 10-03-2011 in I.A.No.51 of 2010 in O.S.No.22 of 2010 on the file of the Junior Civil Judge, Salur, whereunder certain documents filed by the respondent bank were permitted to be received. 2. Heard learned counsel for the petitioner and respondents. Perused the records. 3. The petitioner is the plaintiff. He filed I.A.No.130 of 2010 under Order XI Rule 14 of the Code of Civil Procedure seeking a direction to the respondent bank to produce all the documents considered by them while issuing the notice dated 26-12-2009 under Section 13 (2) of SARFAESI Act, 2002, relating to the housing loan sanctioned to the petitioner. The respondents contested the said application. By order dated 30-06-2010 the trial Court allowed the said application and directed the respondent bank to produce all the documents considered by them to issue the notice dated 26-12-2009 under Section 13 (2) of SARFAESI Act, 2002. The respondent bank filed a memo on 23-06-2010, which contains list of nine documents. According to the respondents, the said documents were those required to be produced in pursuance of the earlier order dated 30-06-2010 in I.A.No.130 of 2010. 4. The memo does not however show that the documents listed therein are those documents which were considered by the respondents while issuing notice dated 26-12-2009 and that the said documents are those that are directed to be produced by the Court by its orders dated 30-06-2010 in I.A.No.130 of 2010. The memo does not make any reference to the earlier order dated 30- 06-2010 in I.A.No.130 of 2010. The petitioner filed objections for receiving the above documents firstly on the ground that no application was filed seeking condonation of delay in filing the documents and secondly the documents listed in the memo are those required to be produced in pursuance of the order dated 30- 06-2010. 5. The trial Court passed the impugned order by assigning the interlocutory application No.51 of 2010 to the said memo. The said practice of passing the judicial order on a memo by assigning it an I.A. number is impermissible and is not warranted by the Code of Civil Procedure or the Civil Rules of Practice. The memo does not show that it was filed by way of reporting compliance with the earlier order dated 30-06-2010 in I.A.No.130 of 2010. The memo does not disclose anything as to why and under what circumstances the said documents, which are listed there, are being filed. Except mentioning the description of documents 1 to 9 the memo is bereft of any other particulars. Such a memo, which does not show that it was filed in compliance with the direction of the Court, cannot be equated to an application supported by an affidavit that is required to be filed for filing documents into the Court. 6. The trial Court however appears to have treated the memo as a regular application and passed a detailed judicial order thereon which is irregular. The question as to whether or not the documents filed along with the memo are the same as those required to be produced by the earlier order dated 30-06-2010 in I.A.No.130 of 2010 cannot be gone into in the present proceedings. 7. In the circumstances, the receiving of the documents based on the memo filed by the respondents is irregular and not warranted by the procedure and the impugned order is therefore, liable to be set aside and it is accordingly set aside. It is open to the respondent bank to file the documents which are required to be filed in pursuance of the order dated 30-06-2010 by way of a separate application duly supported by an affidavit and on such application being filed, it is open to the petitioner/plaintiff to file a counter and thereafter the trial Court shall pass appropriate orders on the said application on its own merits without being influenced by any observation made in this order or in the impugned order. 8. The Civil Revision Petition is disposed of accordingly. There shall be no order as to costs. ______________________ G.V. SEETHAPATHY, J August 16, 2011. PN THE HON'BLE SRI JUSTICE G.V. SEETHAPATHY CIVIL REVISION PETITION No.1049 OF 2011 August 16, 2011 PN