Madras High Court
CRP/6580/2026 of K. Sampath Vs A. Rikab Chand Jain on 15 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
Civil Revision Petition No.6580 of 2026
and
C.M.P.No.28333 of 2026
CNR: {HCMA012149182026}
K.Sampath
S/o.Kulanthaivel Pandian
..Petitioner
Vs
A.Rikab Chand Jain
..Respondent
Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 08-08-2026 passed in I.A.No.6 of 2025 in O.S.No.197 of 2015 on the file of the learned III Additional District and Sessions Judge, Thiruvallur, Poonamallee.
For Petitioner :
Mr.B.Janakiram
*****
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
This civil revision petition has been filed under Article 227 of the Constitution of India against the order dated 08.08.2026 passed in I.A.No.6 of 2025 in O.S.No.197 of 2015 on the file of learned III Additional District and Sessions Judge, Thiruvallur, wherein the application filed by the petitioner/defendant under Order XVI Rule 6 CPC to issue subpoena to the
Income Tax Commissioner for production of certain documents, came to be dismissed by the Court below.
2. Heard learned counsel for petitioner and carefully perused the materials available on record. This Court also went through the impugned order.
3. The respondent/plaintiff filed the suit in O.S.No.197 of 2015 seeking for recovery of money along with interest. The suit was at the stage of examination of witness on the side of petitioner/defendant. At that stage, the present application was filed in I.A.No.6 of 2025 in O.S.No.197 of 2015 to issue subpoena to the Income Tax Commissioner to produce certain documents. This application came to be dismissed by the Court below. Aggrieved by the same, the present revision has been filed.
4. The Court below, while dismissing the application, has taken into consideration the fact that the petitioner/defendant nowhere in the written statement or in the additional written statement has questioned the financial wherewithal of the respondent/plaintiff. While so, the petitioner/defendant was attempting to create an evidence as if the respondent/plaintiff did not have the financial wherewithal and therefore, was attempting to issue subpoena to the income tax authorities to produce relevant documents. The Court below also took into consideration the fact that earlier I.A.No.4 of 2023 in O.S.No.197 of
2015 was filed by the petitioner/defendant seeking for a direction to produce documents viz., income-tax returns along with profit and loss account. The said application was allowed on 24.03.2023. In view of the same, the Court below found that the petitioner/defendant cannot be allowed to once again file an application seeking for the very same document from the income tax department. The order passed by the Court below does not suffer from any perversity warranting interference of this Court. Accordingly, this civil revision petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gm To The III Additional District and Sessions Judge, Thiruvallur, Poonamallee.
N.ANAND VENKATESH, J. gm Civil Revision Petition No.6580 of 2026 15-10-2026