High Court dismissed a writ petition challenging a trial court order that rejected a petition for production of an agreement. The rejection was due to the petitioner's failure to comply with a prior judicial order requiring explanation and affidavit support, which persisted for six years.
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.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P (C) No. 6295 of 2016
Kashilal Tudu son of late lakhi Ram Manjhi, resident of village-Santhaldih, P.O. Hariharpur, P.S. Topchanchi (Gomoh), District-Dhanbad.
.…… Petitioner
Versus
1.Bhukhlal Manjhi son of late Godai Manjhi.
2.Baneswar Tudu son of late Lakhia Ram Manjhi.
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CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD
---------- For the Petitioner : Mr. Ramchander Sahu, Adv. For the Respondents :
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6/Dated:15th July, 2019
This writ petition is under Article 227 of the Constitution of India, whereby and whereunder the order dated 02.07.2016 passed in T.S. No.56 of 2008 passed by the Additional Civil Judge (Junior Division), Dhanbad is under challenge, by which the petition dated 23.11.2010 filed by the petitioner/plaintiff for calling upon the agreement dated 18.07.2003 which according to the petitioner is important document for adjudication of the issues which having been rejected, this writ petition has been filed.
The trial court basing upon the reasoning to the effect stated that since in course of hearing of the petition dated 23.11.2010, a judicial order has been passed on 01.12.2011 which has not been complied with since last six years, therefore, the petition dated 23.11.2010 has been rejected.
(Sujit Narayan Prasad, J.)
Saket/-
2 issues framed by the court
Whether the writ court should interfere under Article 227 when the trial court rejects a petition for production of documents due to non-compliance with a prior judgment.
Whether appellate judicial interference is warranted when the petitioner failed to fulfill a court-order stipulated condition for production of evidence.
Kashilal Tudu
Bhukhlal Manjhi
Baneswar Tudu
Babulal Tudu
Sujit Narayan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
