(Sonia Devi & Ors. vs . Kedar Rajak & Ors.)
2023 Latest Caselaw 1539 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      C.M.P. No. 272 of 2023
             (Sonia Devi & Ors. Vs. Kedar Rajak & Ors.)
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CORAM : HON'BLE DR. JUSTICE S.N. PATHAK For the Petitioners : Mr. Ashutosh Pd. Joshi, Advocate For the Respondents :

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03/ 10.04.2023 This C.M.P. has been filed for quashing the part of order dated 09.02.2023 (Annexure-3), passed by the Court of learned Senior Civil Judge-III, Jamtara in Original Suit No. 26 of 2013, whereby the learned Court below has dismissed the application dated 04.02.2023 filed by the petitioner/ plaintiff praying for admitting and marking one document (certified copy of voter list) as exhibits on account of being it public document and a very material piece of evidence for just determination of the suit.

Further prayer has been made for stay of the further proceeding in Original Suit No. 26 of 2013 pending in the Court of learned Senior Civil Judge-III, Jamtara till disposal of the present application.

The matter was heard on several dates before the learned Court below and finally it was put for judgment on 11.04.2023.

Learned counsel for the petitioners-plaintiffs argues that the plaintiffs have found one certified copy of voter list of village Kharkokundi for the year 1958 showing the name of Rakhal Dhoba. The said document was misplaced due to which same could not be filed earlier. It is further submitted that the said document is a public document and is very material piece of evidence for just determination of the case and because of the same, document be admitted in evidence and marked as plaintiff's exhibit.

However, the Court below refused to admit the said document in evidence and marked as plaintiff's exhibit on the ground that in view of the direction of the Hon'ble High Court, old cases are to be disposed of as early as possible and hence, the petition is not maintainable.

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This Court is not in agreement with the view expressed by the learned Court below.

The Hon'ble Apex Court in case of Levaku Pedda Reddamma Vs. Gottumukkala Venkata Subbamma, reported in AIR Online 2022 SC 244, has observed that, "it is well settled that rules of procedure are hand-maid of justice and, therefore, even if there is some delay, the trial Court should have imposed some costs rather than to decline the production of the documents itself.

Consequently, the appeal is allowed. The order passed by the trial Court and the High Court are set aside."

The Hon'ble Apex Court has held that declining production of the additional document will lead to denial of justice and hence, the Court below ought to have granted permission to the plaintiffs to produce additional documents.

In view of the aforesaid legal propositions, the operation, implementation and execution of order dated 09.02.2023, passed in Original Suit No. 26 of 2013 and further proceeding in the matter, are hereby stayed.

Issue notice to respondent Nos. 1 to 31 through Registered Cover with A/D as well as under Ordinary Process for which requisites, etc. must be filed within a period of two weeks. The notices shall be effected through the learned Court below.

List this case thereafter.

(Dr. S. N. Pathak, J.) kunal