Chief Justice dismissed the revision petition, holding the impugned order rejecting the summons for officials to produce documents is valid as certified copies could suffice.
Revision petition dismissed; impugned order upheld.
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.
CRP No.37/2017
B E F O R E THE HON’BLE THE CHIEF JUSTICE
Present :
For the petitioner : Mr. D. Bhattacharjee, Advocate.
For the respondents : None.
12.07.2017.
Heard Mr. D. Bhattacharjee, the learned counsel for the petitioner.
No representation from the respondents despite proper service of notice upon them.
In this revision petition, the petitioner is questioning the legality of order dated 05.05.2017 passed by the learned Civil Judge (Sr. Division), Unakoti, Kailashahar in T.S. No.19 (P) of 2016 rejecting his prayer for summoning the SDM/DCM and others to produce certain documents and make deposition in connection therewith.
On going through the application filed by the petitioner before the trial court (Annecure-3), I am unable to understand what exactly is the grievance of the petitioner which prompted him to file application for summoning the SDM and other officials.
The trial court has rejected the application on the ground that the documents sought to be procured by the petitioner could be obtained by certified copies, for which the summoning of the officials is not called for. I have no reason to disagree with the view taken by the learned Civil Judge (Sr. Division). The impugned order does not suffer from any jurisdictional error and need not be interfered with.
The revision petition is dismissed accordingly.
CHIEF JUSTICE
CRP No.37/2017
Page 1 of 1
1 issue framed by the court
Whether the revision petition challenging the trial court's rejection of application for summoning officials to produce documents requires interference.
Petitioner
SDM/DCM and others
Chief Justice
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
