Khuda Nawaz Ansari And Others vs The State Of Jharkhand Through The ...
2022 Latest Caselaw 1311 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 M.A. No. 461 of 2016
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Khuda Nawaz Ansari and Others .... Appellant(s) Versus The State of Jharkhand through the Chief Secretary, Ranchi and Others .... Respondent(s)

CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

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For the appellant(s): Mr. A.K. Sahani, Advocate.

        For State-Respondent:           Mr. Sachin Kumar, AAG
                                        Mr Deepak Kr. Dubey, AC to AAG
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09/31.03.2022:        Counsel for the appellants submits that findings and direction

recorded in paragraphs 47, 48 and 49 of the impugned judgment are not only against the well settled provision of law and procedure but is also perverse. He further submits that the State -respondent was already a party as defendant- appellant in the appeal before the first appellate court and also defendant No. 1 before the trial court, which is apparent from the cause title of Civil Appeal No. 16 of 2014 itself. He also submits that in view of the aforesaid facts, the statement made in para 47 to the effect that the State has to be impleaded as party, reflects apparent error in the judgment. He also submits that a direction has been given in para 48 and 49 of the judgment to the plaintiff/respondent respectively to produce documents which must be exhibited and proper evidence has to be led. He also submits that this direction is also against the law. He further submits that if a party does not produce document, it will be at the risk of the said party that the suit can be dismissed or adverse interference can be drawn. He further submits that this type of direction, which is unknown in law cannot be passed.

In view of the aforesaid submissions, this Court feels to go through the lower court record.

Call for the Lower Court record through special messenger from the court concerned and list this case after one week.

Let copy of this order be communicated to the court concerned through FAX.

Anu/-C.P.2. (ANANDA SEN, J.)