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2002 (7) TMI 35 - ORISSA HIGH COURTThis revision application is directed against the order dated May 4, 2002, passed by the Civil Judge (Senior Division), Aska, in T.S. No. 65 of 1997 rejecting the petition filed under Order 13, rule 10 of the Code of Civil Procedure (in short "C.P.C."), by defendant No. 1, the petitioner herein, with a prayer to call for certain documents from the office - In the case at hand, the income-tax authorities have not claimed privilege. It is the court on its own which has come to a finding that the documents called for by one of the parties cannot be summoned from the income-tax authorities because of the restrictions imposed under sections 123 and 124 of the Evidence Act. In view of the judicial pronouncements on the subject and discussions made above, the trial court has fallen into error by terming the documents sought to be called for as privileged documents. The order passed by the trial court is totally wrong and is accordingly set aside. However, before summoning the documents in question the trial court should at first satisfy itself that the documents are required for the purpose of determining the issue raised in the suit.
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