Sain Singh v. U S Bal & Anr

1. The petitioners are aggrieved by the order dated 30.09.2014 whereby the application filed by them under Order VIII Rule 1A CPC for placing on record the certified copies of the documents specified therein has been dismissed bythe learned Trial Court.

2. Ihave heard learned Senior Counsel for the parties.

3. Mr.Ravi Gupta, learned Senior Counsel for the petitioners has submitted that a civil suit for recoveiy of possession/eviction and for recovery of ^28,336/- has been filed by the respondent/plaintiffin the year 2004 claiming to be owner ofthe suit property. The issues in the said suit CM(M) Nos.82/2015 &113-115/2015 2of[5] were settled on 21.12.2004. Subsequently the plaint was amended and written statement to the amendedplaint was filed on 16.10.2012.

4. Learned Senior Counsel for the petitioners has submitted that the.documents sought to beproved with leave oftheCourt were not in existence at the appropriate stage, hence the petitioners applied for leave to place on record these documents which prayer has been declined by the learned Trial Court.

5. The documents nowsought to be produced and provedon record are:- (a) Certified copy oforder dated 09.03.2009 passed by DRT-1, Delhi on OA No.189/2002 in case tilted as 'Canara Bank vs. M/s Ultra Manufacturing & Trading Co.Pvt. Ltd.', (b) Certified copy oforders dated 23.01.2006, 25.02.2006 and 06.01.2012 passed by this Court in W.P.No.982-893 of2005 titled as 'M/s Siadulajaib M.B.Road Market Association vs. Union of India & Ors.'

(c) Certified copy of documents related to Saidulajaib sought vide RTI dated 14.10.2013.

(d) Certified copy of letter dated 23.09.2013.

6. Learned Senior Counsel for the petitioners has drawn the attention of this Court to the proceedings dated 20.01.2015 in CM(M) No.82/2015 and dated 10.02.2015 in CM(M) Nos.l 13/2015 to 115/2015, whereby the petitioners have already made statement to the effect that ifthe documents are permitted to be placed on record, the petitioners will examine three witnesses whom they will produce themselves on one date and will seek no further adjournment in the matters. Learned Senior Counsel for the petitioners has further submitted that even as on date, the petitioners are CM(M) Nos.82/2015 &113-115/2015 ' Page 3of[5] ready to undertake before this Court that all the three witnesses, who are official witnesses, shall be summoned and examined on one date.

7. Mr.Maheshwar Dayal, learned Senior Counsel for the respondents has submitted that the respondents have no objection if the certified copies of the documents referred to above at Serial No.(a), (b) and (d) are permitted to be placed on record and proved by giving one opportunity to the petitioner through official witnesses but not by calling the respondents'/plaintiffs' witnesses.

8. The documents referred to at Serial No.(c) i.e. certified copy of documents related to Saidulajaib sought vide RTI dated 14.10.2013, pertain to some documents/information under RTI Act. The information obtained under.Right to Information Act cannot be used to prove the contents of the documents. Under Section 91 of the Indian Evidence Act such facts can be proved by the documents itself and not by the information received under the RTI Act. Hence, the prayer of the petitioners for granting permission to place on record these documents is declined.

9. So far as the documents mentioned at Serial No.(a), (b) and (d) i.e. certified copy of order dated 09.03.2009 passed by DRT-1, Delhi on OA No.189/2002 in case tilted as 'Canara Bank vs. M/s Ultra Manufacturing & Trading Co.Pvt. Ltd.', certified copy of orders dated 23.01.2006, 25.02.2006 and 06.01.2012 passed by this Court in W.P.No.982-893 of 2005 titled as 'M/s Saidulajaib M.B.Road Market Association vs. Union of India & Ors.' and certified copy of letter dated 23.09.2013 are concerned, the petitioners are permitted to place the same on record. The petitioners are further permitted to avail one opportunity to prove the above documents subject to CM(M) Nos.82/2015 &113-115/2015 Page 4 of[5] A payment ofatotal cost of?50,000/- for all the four petitions, which shall be tendered on the next date of hearing before the learned Trial Court so that these documents can be taken on record by the learned Trial Court and witnesses can be summoned to prove the same.

10. It is informed that the matter is listed before the learned Trial Court on 15"" October, 2015. The parties are directed to appear before the learned Trial Court on 15"" October, 2015 on which date the cost of ?50,000/- shall be tendered by the petitioners to the respondents/respondents' counsel, which he agrees to accept. Thereafter the learned Trial Court will fix a date for D.E. giving reasonable time to the petitioners to summon the witnesses to prove the above documents.

11. Needless to say that service ofthe witnesses shall bethe responsibility ofthe petitioners.

12. All the four petitions stand disposed of in aboveterms.

13. A copy ofthis order besent to the concerned Court and be also given dasti to learned counsel for the parties underthe signatureof CourtMaster. CM No.1571/2015 (Stay) in CMflVL) No.82/2015 CM No.2369/2015 (Stay) in CM(M) No.112/2015 CM No.2372/2015 (Stay) in CMflVI) No.113/2015 CM No.2377/2015 (Stay) in CMnM) No.114/2015 Dismissed as infructuous.