Md. Wasimuddin Vs The State Of Bihar and Ors. — Patna HC (2024) — LawSathi Research

Md. Wasimuddin Vs The State Of Bihar and Ors. — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty reserved to the petitioner to file a fresh MJC application for restoration along with a copy of the order dated 18.05.2018 passed in Civil Review No. 72 of 2018, within a period of eight weeks.

Issue for consideration

Whether the MJC application seeking recall of the order dated 18.05.2018 passed in Civil Review No. 72 of 2018 could be decided when the copy of that order was not placed on record with the MJC. +1 more

Court's answer

In the absence of the order dated 18.05.2018 passed in Civil Review No. 72 of 2018 (whose copy was not placed on record with the MJC), it is impracticable to decide the present MJC application.

Ratio / Principle

The present MJC application stands dismissed with cost of Rs. 2,000/- (Rupees Two Thousand), to be remitted to the Patna High Court Legal Services Committee within four weeks, with liberty reserved to the petitioner to file a fresh MJC application for restoration along with a copy of the order dated 18.05.2018 within eight weeks.

Key takeaways

A petitioner who fails to produce a document at the time of filing may introduce it only by means of a supporting application and affidavit; a document simply enclosed and not marked as an annexure to the MJC is impermissible, and such practice is deprecated.ratio¶26
The learned counsel's submission that he later produced a copy of the order dated 18.05.2018 cannot be accepted in view of the absence of any such document marked as an additional document or particular annexure; consequently, the dismissal order pronounced during the morning session holds good.ratio¶28

Detailed headnote1 paragraphs

PATNA HIGH COURT (Division Bench of P.B. Bajanthri and S.B. Pd. Singh, JJ.; order per P.B. Bajanthri, J.), 18-11-2024 — MJC No.4297 of 2018 (Md. Wasimuddin v. State of Bihar & Ors.) seeking recall of the order dated 18.05.2018 passed in Civil Review No.72 of 2018 was DISMISSED because the copy of that order was never placed on record with the MJC, making adjudication impracticable. Cost of Rs.2,000/- was imposed, payable to the Patna High Court Legal Services Committee within four weeks; liberty was reserved to file a fresh MJC for restoration together with the order copy within eight weeks. An afternoon mention that counsel had since produced a plain copy of the order was rejected: the office objection demanded a certified copy, and a document omitted at filing may be brought on record only through a supporting application with affidavit, duly marked as an annexure — mere enclosure being deprecated. The morning-session dismissal order was declared to hold good.

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4297 of 2018

In

CIVIL REVIEW No.72 of 2018

======================================================

Md. Wasimuddin son of Late Salimuddin, resident of Mohalla - Raham kha, P.O. - Lalbagh, P.S. - Laheriya Sarai, District - Darbhanga.

... ... Petitioner/s

Versus

The State Of Bihar and Ors

Principal Secretary Industry Department cum Chairman Bihar Industrial Area Development Authority, V

The Under Secretary Deptt. of Industries Bihar at New Secretariat, Patna.

The Managing Director, Bihar Industrial Area Development Authority, Udyog Bhawan, East Gandhi Maida

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s : Mr. Nazir Alam, Advocate For the Opposite Party/s : Mr.

======================================================

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and

HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

4 18-11-2024 The present MJC application is filed to recall the order

dated 18.05.2018 passed in Civil Review No. 72 of 2018. Copy of the same has not been placed on record along with MJC for restoration. In the absence of such document, it is impracticable to decide the present MJC application.

2. Accordingly, present MJC application stands dismissed with cost of Rs. 2,000/- (Rupees Two Thousand). Cost shall be remitted in the Patna High Court Legal Services Committee within a period of four weeks reserving liberty to the

Patna High Court MJC No.4297 of 2018(4) dt.18-11-2024 2/3

petitioner to file fresh MJC application for restoration along with copy of the order dated 18.05.2018 passed in Civil Review No. 72 of 2018 within a period of eight weeks.

3. Learned counsel for the petitioner mentioned in the afternoon session that he has produced copy of the order dated 18.05.2018 passed in Civil Review No. 72 of 2018 and it is on record. We have perused the office objection in the present MJC No. 4297 of 2018. One of the objection is for want of certified copy of the order dated 18.05.2018 passed in Civil Review No. 72 of 2018, is not forthcoming. In this regard, while complying the office objection, it was bounden duty of the petitioner to file an interlocutory application in producing certified copy of the order dated 18.05.2018. On the other hand, he has simply produced copy of the order which is unknown to the procedure.

4. Basic and fundamental principle is that if petitioner fails to produce any document at the time of filing petition, in that event, he is permitted to file document by means of supporting application and affidavit. Simply he cannot enclose a document and it is not at all marked as annexure to the MJC. This type of practice is deprecated, therefore, submission of the learned counsel for the petitioner that he has produced copy of the order dated 18.05.2018 at later stage cannot be acceptable in

Patna High Court MJC No.4297 of 2018(4) dt.18-11-2024 3/3

view of absence of such document is marked as additional document or production of document while marking as a particular annexure. Hence, the aforementioned order during the morning session holds good.

(P. B. Bajanthri, J)

(S. B. Pd. Singh, J)

GAURAV S./-

U