Mr. Dudekula Chand Pasha vs Mr. Mirza Hussain All (Died Per Lr) on 2 April, 2026

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    Telangana High Court

    Mr. Dudekula Chand Pasha vs Mr. Mirza Hussain All (Died Per Lr) on 2 April, 2026

    THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
    
               THE HON'BLE JUSTICE B.R.MADHUSUDHAN RAO
                 CIVIL REVISION PETITION NO.1684 OF 2023
                               Dated: 02.04.2026
    Between:
    
    Mr.Dudekula Chand Pasha
                                ... Petitioner - Respondent - Plaintiff
                                       And
    1.Mr.Mirza Hussain Ali (Died per LR) and others
                                ... Respondents - Petitioners - Defendants
    
    
    
                                     ORDER
    

    1. This Memorandum of Civil Revision Petition is filed under Article 227

    of the Constitution of India assailing the order passed by learned IX

    SPONSORED

    Additional Chief Judge, City Civil Court at Hyderabad in I.A.No.457 of

    2023 in O.S.No.328 of 2021 dated 11.04.2023.

    2. Petitioner is the respondent-plaintiff and respondent No.1 is the

    petitioner – defendant in I.A.No.457 of 2023 in O.S.No.328 of 2021 and

    respondent Nos.2 to 5 are the legal representatives of respondent No.1.

    3.1 Respondent No.1 – petitioner – defendant has filed I.A.No.457 of 2023

    under Order XI Rules 12 and 14 read with Section 151 of CPC to pass an

    order for discovery and inspection and production of documents from the

    custody of the petitioner – respondent – plaintiff. The documents sought by

    the respondent No.1 – petitioner – defendant are bank statements for the
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    CRP.No.1684 of 2023

    period commencing from 31.03.2020 till date i.e., 27.02.2023 for analyzing

    the petitioner-respondent-plaintiff’s cash flow and liquidity and solvency

    for having paid the advance sale consideration amount and for paying the

    balance sale consideration amount as asserted in the pleadings in the

    plaint.

    3.2 Petitioner-respondent-plaintiff filed counter and contended that the

    application filed by respondent No.1 – petitioner – defendant is not

    maintainable and devoid of merits. Respondent No.1 – petitioner –

    defendant did not take any plea in the written statement, a new plea is

    taken in the affidavit, the issue has to be decided during the course of trial

    and prayed to dismiss the petition.

    3.3 Learned Trial Court has allowed the application filed by respondent

    No.1 – petitioner – defendant which is impugned in the present CRP.

    4. Learned Senior Counsel for the petitioner – respondent – plaintiff

    submits that the learned Trial Court failed to appreciate the facts with its

    judicial mind and ought to have seen that no one is compelled to produce

    the documents which have no relevancy at all. As per Section 16(c)

    Explanation (i) of the Specific Relief Act, 1963 where a contract involves

    the payment of money, it is not essential for the plaintiff to actually tender

    to the defendant or to deposit in Court any money except when so directed

    by the Court. The learned Trial Court ought to have seen that suit is for

    specific performance of contract and the petitioner-respondent-plaintiff is
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    CRP.No.1684 of 2023

    ready to perform his contract, himself and his family members are having

    sufficient lands which are fetching good value in the market. Respondent

    No.1 – petitioner – defendant having filed IA under Order VII Rule 11 read

    with Section 151 of CPC, which came to be dismissed and only to harass

    the petitioner-respondent-plaintiff he filed I.A.No.457 of 2023. The order

    passed by the learned Trial Court is perverse. In support of his contention

    has relied on the decisions in the cases of (i) Central Bank of India Vs.

    Shivam Udyog and others 1, (ii) Sukhbir Singh and Others Vs. Brij Pal

    Singh and Others 2 (iii) Azhar Sultana Vs. B.Rajamani and others 3 (iv) Hari

    Steel and General Industries Limited and another Vs. Daljit Singh and

    Others 4 and (v) Rajesh Bhatia and others Vs. G.Parimala and another 5.

    5. Learned counsel for respondent Nos.1 to 5 submits that the learned

    Trial Court has rightly directed the petitioner-respondent-plaintiff to

    produce the documents which shows whether he has capacity to pay the

    amount and the respondent No.1- petitioner-defendant during his lifetime

    has issued statutory notice dated 11.02.2023 under Order XI Rules 15

    and 16 of CPC calling the petitioner-respondent-plaintiff to produce the

    documents to prove his case in accordance with law. No interference is

    called for. Counsel to substantiate his contention has relied on the

    decisions in the cases of (i) Gopal Krishnaji Ketkar Vs. Mohamed Haji Latif

    1 (1995) 2 SCC 74
    2 AIR 1996 SUPREME COURT 2510
    3 AIR 2009 Supreme Court 2157
    4 AIR 2019 Supreme Court 4796
    5 2006 (3) ALD 415
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    CRP.No.1684 of 2023

    and others 6, (ii) Shri M.L.Sethi Vs. Shri R.P.Kapur 7, (iii) State of Kerala Vs.

    Mathai Verghese and others 8, (iv) Sunita Devi Vs. State of Bihar and

    another 9, (v) Commissioner of Income Tax Vs M/S. Hindustan Bulk

    Carriers 10, (vi) G.Pankajakshiamma Vs. Mathai Mathew 11, (vii) Maria

    Margarida Sequeria Fernandes and Others Vs. Erasmo Jack de Sequeria

    (Dead) through LRs 12, (viii) Kalawati (D) though LRs and others Vs. Rakesh

    Kumar and others13, (ix) Vijay Kumar and Others Vs. Om Parkash 14, (x)

    Ritu Saxena Vs. J.S.Grover and another 15, (xi) M/S. Puri Investments Vs.

    M/S. Young Friends and Company and others 16, (xii) Nagammai Achi Vs.

    Alamelu Achi 17, (xiii) P.Varalakshmamma Vs. Subrary Manyam and

    others 18, (xiv) P.Seethamma and Others Vs. P.Ramakrishna Reddy and

    others 19, (xv) P.P.Raj and another Vs.Sri Rama Finance Corporation and

    others 20, (xvi) P.Meharunnissa Begum and others Vs. P.Noorunnissa

    Begum and others 21, (xvii) Rajesh Bhatia and others versus G. Parimala

    and another 22, (xviii) T.Surya Satish Goud Vs. T.@ P. Dharanija and

    others 23, (xix) United India Insurance Company Limited, Hyderabad Vs.

    6 AIR 1968 Supreme Court 1413
    7 AIR 1972 SC 2379
    8 AIR 1987 Supreme Court 33
    9 AIR 2005 Supreme Court 498
    10 AIR 2003 Supreme Court 3942
    11 2004 CJ (SC) 392 = 2004 (12) SCC 83
    12 AIR 2012 SC 1727
    13 2018 (3) ALD 63 (SC)
    14 AIR 2018 SC 5098
    15 AIR Online 2019 SC 1072
    16 2022 LiveLaw (SC) 279
    17 AIR 1957 Madras 401
    18 AIR 1958 AP 157
    19 1997 (2) ALD 68
    20 1999 (6) ALD 690
    21 2001 (6) ALD 229
    22 2006 (3) ALD 415
    23 2017 (2) ALD 39
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    CRP.No.1684 of 2023

    Y.Adilakshmi and others 24, (xx) Tikkavarapu Subba Rami Reddy Vs. State

    of Telangana Through Secretary, Revenue Department 25, (xxi) Sri Thakur

    Yogendher Singh Vs. Yvonne Douglas Foundation and others 26, and

    prayed to dismiss the CRP.

    6.1 Petitioner – respondent – plaintiff has filed suit for specific

    performance of contract in respect of agreement of sale dated 23.04.2021.

    The prayer in the suit is to direct the defendant (respondent No.1 herein)

    to receive the balance sale consideration of Rs.3,30,00,000/- and to

    execute and register sale deed in his favor, alternatively direct the

    defendant (respondent No.1 herein) to pay double the amount of

    Rs.30,00,000/- received towards advance sale consideration to the

    plaintiff, i.e., total Rs.60,00,000/-.

    6.2 The suit schedule property is plot bearing No.54 phase-I, Type B,

    admeasuring 257 sq.mtrs in survey Nos.69 and 70, situated at Shaikhpet

    village, Kamalapuri, Hyderabad with specific boundaries.

    7. The plaint averments goes to show that the total sale consideration

    for the suit schedule property is Rs.3,60,00,000/-. On the date of

    agreement of sale dated 23.04.2021, petitioner – respondent – plaintiff has

    paid Rs.30,00,000/- in cash to the respondent No.1 – petitioner –

    defendant and the balance sale consideration amount of Rs.3,30,00,000/-

    24 2011 (3) ALD 89
    25 2017 CJ (HYD) 438 = 2017 (6) ALT 644
    26 CRP.Nos.3076 of 2015 and batch in the High Court for the State of Telangana, dated 20.09.2022
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    to be paid by the petitioner – respondent – plaintiff within 90 days.

    Respondent No.1 – petitioner – defendant has acknowledged the payment

    of Rs.30,00,000/- on the same day. Plaint further goes to show that during

    verification of original sale deed dated 14.08.1984 of respondent No.1 –

    petitioner – defendant, there is a difference of 23 sq.mtrs from the

    agreement of sale, the same is brought to the notice of the respondent

    No.1 – petitioner – defendant, he confirmed the mistake and ensured that

    he will register 257 sq.mtrs and not 280 sq.mtrs. Petitioner – respondent –

    plaintiff has got issued legal notice on 29.08.2021 expressing his readiness

    and willingness to perform his part of contract. Respondent No.1 –

    petitioner – defendant received the notice and got issued a reply on

    03.09.2021 admitting the agreement of sale, however, he alleged that the

    petitioner – respondent – plaintiff played fraud in inserting the different

    extent of land and further denied the readiness and willingness of the

    plaintiff, which led to filing the suit.

    8. Respondent No.1 – petitioner – defendant filed his written statement

    and contended that he is the absolute owner and possessor of property

    premises bearing No.8-3-833/54 admeasuring 257 sq.mtrs, equivalent to

    308 square yards with existing ground, first and second floor building

    situated at Phase – I, Kamalapuri colony, Hyderabad, and the total sale

    consideration fixed is Rs.3,60,00,000/-, petitioner – respondent – plaintiff

    has paid Rs.30,00,000/- as advance sale consideration as per the
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    agreement of sale dated 23.04.2021. Time fixed in the agreement is 90

    days to fulfill the obligation.

    9. Respondent No.1 has filed I.A.No.1197 of 2021 under Order VII Rule

    11 read with Section 151 CPC to reject the plaint in O.S.No.328 of 2021.

    Petitioner – respondent – plaintiff filed his counter and the learned Trial

    Court has dismissed the application on 22.09.2022.

    10. Respondent No.1 – petitioner – defendant died on 19.04.2023 after

    passing of the order in I.A.No.457 of 2023 dated 11.04.2023 thereby his

    LRs were brought on record in the suit as defendant Nos.2 to 5.

    11. Prior to filing I.A.No.457 of 2023, respondent No.1 – petitioner –

    defendant has got issued a legal notice to the petitioner – respondent –

    plaintiff on 11.02.2023 for production of bank statement as stated supra

    in paragraph No.5.

    12. It is apt to refer Section 16(c) of Specific Relief Act, 1963 and

    explanations (i) and (ii), which reads as under:

    16. Personal bars to relief:- Specific performance of a contract
    cannot be enforced in favour of a person-

    (a) —

    (b) —

    (c) who fails to prove that he has performed or has always been
    ready and willing to perform the essential terms of the contract which
    are to be performed by him, other than terms the performance of which
    has been prevented or waived by the defendant.

    Explanation:- For the purposes of clause (c),-

    (i) where a contract involves the payment of money, it is not
    essential for the plaintiff to actually tender to the defendant or to deposit
    in court any money except when so directed by the court;

    (ii) the plaintiff must prove performance of, or readiness and
    willingness to perform, the contract according to its true construction.

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    CRP.No.1684 of 2023

    13.1 In Central Bank of India1 the Supreme Court held that in case

    the defendants desired to raise the question of jurisdiction on the ground

    that the mortgage was fictitious, they could do so. But for that it was not

    necessary to summon the disciplinary proceedings pending against the

    bank officials even if one of the charge is that the security furnished by the

    defendant was fictitious.

    13.2 In Sukhbir Singh2 Supreme Court held that it is sufficient for the

    respondents to establish that they had the capacity to pay the sale

    consideration. It is not necessary that they should always carry the money

    with them from the date of the suit till date.

    13.3 In Azhar Sultana3, the Supreme Court held with regard to the

    readiness and willingness to perform the contract and it was not necessary

    that entire amount of consideration should be kept ready by the plaintiff.

    13.4 In Hari Steel and General Industries Limited4, the Supreme

    Court held that it is not permissible for making roving inquiry for disposal

    of application filed under Order XII Rule 6 of CPC [judgment on

    admission].

    13.5 In Rajesh Bhatiya5, the High Court observed at paragraph No.44

    as under:

    44. Having regard to the view taken by me hereinabove, the individual
    parties cannot be compelled to produce the documents if they refuse to
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    produce the documents pursuant to the notice served upon him by the
    adversary or an order as a matter of that passed by the Court so as to
    ascertain the truth in accordance with the provisions contained in
    Section 165 of the Act for non-compliance of such a direction to produce
    the documents, the penal consequences will not follow as in the case of
    discovery of documents as per the provisions contained in Order 11,
    Rule 21 of the Code. However, certainly the Court is entitled to draw the
    adverse inference.

    14.1 In Gopal Krishnaji Ketkar6 the Supreme Court held that a party

    in possession of best evidence which would throw light upon the issue in

    controversy withholding it, adverse inference has to be drawn.

    14.2 In Shri M.L.Sethi7, the Supreme Court held that the documents

    sought to be discovered need not be admissible in evidence in the enquiry

    or proceedings, it is sufficient if the documents would be relevant for the

    purpose of throwing light on the matter in controversy. In the above said

    case, an application came to be filed for permission to sue in forma,

    pauperis.

    14.3 In Mathai Verghese8 the matter pertains to currency notes.

    14.4 Sunita Devi9 case deals with anticipatory bail and grant of

    blanket protection given for unlimited period.

    14.5 In M/s.Hindustan Bulk Carriers10 the Supreme Court held that

    the provisions of one section of the statute cannot be used to defeat those

    of another unless it is impossible to effect a reconciliation between them.
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    14.6 In G.Pankajakshiamma11, the Supreme Court dealt with recovery

    of unaudited money.

    14.7 In Maria Margarida Sequeira Fernandes12, the Supreme Court

    held that in Civil Cases, adherence to Section 30 CPC would also help in

    ascertaining the truth. In the above said decision the suit is pertaining to

    possession of the suit property.

    14.8 In M/s.Puri investments16, the Supreme Court has discussed the

    scope of interference by the Supervisory Court on the decision of the fact –

    finding forum under Article 227 of the Constitution of India.

    14.9 In Nagammai Achi17 Madras High Court held that Section 54 of

    Income Tax Act is not concerned with admissibility of those documents,

    but only directs that they should be treated as confidential and prevents

    the compulsory production or those documents by the Income Tax

    Department.

    14.10 In P.Varalakshmamma18, Andhra Pradesh High Court held that

    under Order XI Rule 14 of CPC, enacts that it shall be lawful for the Court,

    at any time during the pendency of any suit to order the production.

    14.11 In P.Seethamma19 High Court of Judicature of Andhra Pradesh

    has dealt with interrogatories.

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    14.12 In P.P.Raj20, High Court of Judicature of Andhra Pradesh at

    Hyderabad held that adverse inference has to be drawn for failure to

    produce income tax returns. In the above said case the suit was pertaining

    to money decree.

    14.13 In P. Meharunnisa Begum21, the High Court of judicature of

    Andhra Pradesh at Hyderabad, held that a party to a suit can approach

    the Court for compelling the other side to produce the document in

    possession of the latter. In the above said case, the suit was for partition.

    14.14 In Rajesh Bhatia22 the observations of the Madras High Court in

    Nagammai Achi is relied.

    14.15 In T.Surya Satish Gaud23, High Court of Judicature, Telangana

    and Andhra Pradesh at Hyderabad held at paragraph No.12 that the Court

    below had allowed the applications of the wife obviously to enable her to

    prove that the medical record sought to be summoned from the hospital is

    manipulated by the husband with the connivance of the hospital

    authorities. In the above said CRP matter is pertaining to matrimonial

    dispute for grant of divorce.

    14.16 Y.Adilakshmi24, pertains to Motor Vehicles Act, Andhra Pradesh

    High Court held that Order XI Rule 14 of CPC does not prevent a party

    from making an application for production of the documents.
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    14.17 In Tikkavarapu Subba Rami Reddy25, the High Court of

    Hyderabad held that when it is the prayer for proof of the documents in

    the custody of the defendant No.2, it is to say the description of the plan

    also reflected in furtherance of the plaintiffs suit claim. Once, such is the

    case, it is just in directing the party in possession of the document to

    produce rather than dismissal of the application. In the above said case,

    the suit was for declaration of title and permanent injunction.

    14.18 In Sri Thakur Yogendher Singh26, this Court directed the first

    defendant to produce bank statement and his Income Tax Returns for the

    years 2006-2007 and 2007-2008. In the above said decision, the suit filed

    by the plaintiffs seeking cancellation of agreement of sale-cum-GPA and

    perpetual injunction.

    15. Learned counsel on record have cited decisions in respect of readiness

    and willingness i.e., (i) Sukhbir Singh2, (ii) Azhar Sultana3 (iii) Kalawathi13,

    (iv) Vijay Kumar14 and (v) Ritu Saxena15. Insofar as readiness and

    willingness is concerned, it is a matter to be decided after leading the

    evidence by the parties. The order challenged in the CRP is with respect to

    allowing the application filed by respondent No.1 – petitioner – defendant

    for production of documents.

    16. As stated supra, petitioner – respondent – plaintiff has filed the suit

    for specific performance of contract and it is him, who has to prove that a

    valid agreement of sale is entered between the parties and which party has
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    committed the breach of contract. These are the matters which are

    required to be looked into during the course of trial. Respondent No.1 –

    petitioner – defendant has admitted in the reply notice dated 03.09.2021

    about the parties entering into agreement of sale dated 23.04.2021 and

    the total price fixed therein is Rs.3,60,00,000/-. On the date of agreement

    an advance amount of Rs.30,00,000/- is paid by the petitioner –

    respondent – plaintiff. The only defence taken in the reply notice dated

    03.09.2021 by respondent No.1 – petitioner – defendant is that wrong

    extent is mentioned with the mala fide intention. These are the matters to

    be looked into during the course of trial and the learned Trial Court has

    lost sight of Section 16(c) of Specific Relief Act with that of the explanation

    and wrongly arrived at a conclusion that production of documents will not

    give any adverse inference on either side in order to know the real

    controversy between the parties for proper adjudication of the matter in

    dispute.

    17. It is the petitioner – respondent – plaintiff who has to prove his case

    whether he was ready to pay the balance sale consideration to the

    respondent No.1 – petitioner – defendant, which is a matter to be decided

    during the course of trial. Furthermore, it is not the case of the respondent

    No.1 – petitioner – defendant in reply notice dated 03.09.2021 that the

    petitioner – respondent – plaintiff has no capacity to pay the balance

    consideration and fraud is played on him regarding inception of extent in

    the agreement of sale and the condition of 90 days is not complied. The
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    learned Trial Court has not properly appreciated the facts of the case in

    right perspective and directed the petitioner – respondent – plaintiff to

    produce the documents.

    18. The decisions cited by learned counsels on record from paragraph

    Nos.13.1, 13.4, 13.5 and 14.1 to 14.18 are not applicable to the case on

    hand as they are distinguishable from the facts of the present case and

    thus the ratio of those cases would not apply.

    19. In view of the reasons above, the order passed by the learned Trial

    Court is perverse and requires interference of this Court. Hence the

    impugned order is set aside.

    20. CRP.No.1684 of 2023 is allowed and the order passed by the learned

    IX Additional Chief Judge, City Civil Court at Hyderabad in I.A.No.457 of

    2023 in O.S.No.328 of 2021 dated 11.04.2023 is set aside and

    consequently I.A.No.457 of 2023 is dismissed. There shall be no order as

    to costs.

    Interim orders if any stands vacated. Miscellaneous petitions stands

    closed.

    _____________________________________
    JUSTICE B.R.MADHUSUDHAN RAO
    02.04.2026
    Dua



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