Madras High CourtCivil LawCivil Procedure and Evidence

A subpoena cannot compel irrelevant bank records to investigate unspecified assets in a partition suit.

INDIRAv.S. SUJATHA

A subpoena cannot compel irrelevant bank records to investigate unspecified assets in a partition suit.. INDIRA vs S. SUJATHA. Madras High Court. LawLens
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In brief

The question

Whether the bank records sought by the appellants were relevant to the partition suit and should be summoned to prove the alleged movables.

The court held

The Court answered against the appellants, holding that the requested bank records were not shown to be relevant to the partition suit and that the appeal lacked merit.

It also directed

It dismissed the appeal without costs and closed the connected miscellaneous petition.

01Facts

The appellants, plaintiffs in a partition suit, challenged the dismissal of their application seeking subpoenas to Indian Overseas Bank officials to produce records concerning a locker, the deceased Hemachandran’s salary and loans, his terminal benefits, and the first appellant’s compassionate appointment.

pp. 3–4

The Single Judge dismissed the application, finding that the documents were unconnected to the suit and that requiring bank managers to attend with the records would be harassing.

p. 4

The appellants filed this appeal under Order XXXVI Rule 1 CPC read with Clause 15 of the Letters Patent.

p. 3

02Issues

i.Whether the bank records sought by the appellants were relevant to the partition suit and should be summoned to prove the alleged movables.

pp. 5–6

ii.Whether the Single Judge’s dismissal of the application for subpoenas should be set aside.

p. 4, 6

03Law Applied

The appeal was brought under Order XXXVI Rule 1 CPC read with Clause 15 of the Letters Patent.

p. 3

The Court’s reasoning rested on the relevance of the requested documents to the suit and whether summoning them would serve a purpose in resolving the dispute.

pp. 5–6

The judgment cites no further statutory provision or precedent governing the production of documents.

04Reasoning

The Court found that the suit was for partition and that the appellants had not shown how the requested salary, loan, terminal-benefit, appointment, and locker records bore on the claim before it.

pp. 5–6

The Court also noted that there was no prayer concerning terminal benefits and no specific case that definite movables were kept in the locker; summoning the locker security register would therefore serve no purpose.

p. 6

It accordingly upheld the view that the requested records were not relevant to the suit.

p. 4, 6

05Holding

The Court answered against the appellants, holding that the requested bank records were not shown to be relevant to the partition suit and that the appeal lacked merit.

pp. 5–6

It dismissed the appeal without costs and closed the connected miscellaneous petition.

p. 6
Madras High Court

Original Court PDF

INDIRAvsS. SUJATHA

Madras High Court · October 13, 2026

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