Court permitted withdrawal of revision petition with liberty to file application for summons under Order XVI Rule 6 CPC within four weeks. Proceedings below suspended pending new application.
Prayer to withdraw revision petition with liberty to make appropriate application under Order XVI Rule 6 CPC within 04 weeks allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010204962018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(I/O) 306/2018
1:PRADIP KR. BARMAN
S/O- LATE PRATAP KUMAR BARMAN, R/O- H NO. 4, BARNACHAL ROAD, BAMUNIMAIDAM, P.O- BAMUNIMAIDAM UNDER CHANDMARI P.S, DISTKAMRUP(M), ASSAM
VERSUS
1:RUPALI DUTTA
R/O- H NO. 4, BARNACHAL ROAD, BAMUNIMAIDAN, P.OBAMUNIMAIDAN, P.S- CHANDMARI, GHY- 21, NEAR ANURADHA CINEMA HALL
Advocate for the Petitioner : MR. A K BHUYAN
Advocate for the Respondent :
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 04-06-2020
Heard Ms. B. Bhuyan, learned counsel for the petitioner. None has appeared for the respondent despite service of notice.
The order dated 27-07-2018 passed by the learned Principal Judge, Family Court- II,
Page No.# 2/3
Kamrup(M) at Guwahati in F.C. (C) No. 693/2013 rejecting the prayer made by the petitioner vide petition No. 1103/2018 to call for the record from the Assam State Commission for Women in connection with case No. 174/2013 has been assailed in the present petition.
Ms. Bhuyan submits that contradictory stands of the respondent would be apparent if the records of the aforesaid case is summoned and produced in evidence in support of the petitioner’s case. As such, the learned Family Court has committed manifest illegality in refusing the said prayer of the petitioner.
From a perusal of the impugned order dated 27-07-2018, I find that the learned Court below has observed that the burden of proving his case is upon the petitioner and to such extent, the petitioner is at liberty to produce any relevant documents admissible under the law. However, the prayer made by the petitioner was apparently rejected on the ground that the application does not reflect the necessary facts justifying an order for calling for the records.
It is not in dispute that under Order XVI Rule 6 CPC a party to a civil proceeding is entitled to pray for issuance of summons for production of records/ documents by any person without being summoned to give evidence. Therefore, it was open for the petitioner to apply for such summons, if the sole purpose was to call for the documents from the Assam State Commission for Women. However, no such application under Order XVI Rule 6 CPC has been filed by the petitioner.
At this stage, Ms. Bhuyan seeks leave of this Court to withdraw the revision petition with
Page No.# 3/3
liberty to make appropriate application under Order XVI Rule 6 CPC before the learned court below for issuance of summons.
Prayer allowed.
It is made clear that if the petitioner makes such an application under Order XVI Rule 6 CPC within 04 weeks from today, the same shall be considered on merit without being influenced by the order dated 27-07-2018 in any manner and disposed of by a reasoned order.
Until such time, the application as permitted by this Court, is considered on merit and dispose of by a reasoned order, further proceeding in F.C. (C) No. 693/2013 shall remain suspended.
Revision petition stands disposed of accordingly.
JUDGE GS
Comparing Assistant
2 issues framed by the court
Whether the petitioner could withdraw the revision petition to file a proper application for summons under Order XVI Rule 6 CPC.
Whether the learned Family Court should consider the new application on merit without being influenced by the impugned order.
1 provisions across 1 enactments
Pradip Kr. Barman
Rupali Dutta
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
