Documentary evidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Bharatiya Sakshya (Second) Adhiniyam 2023 to be produced (at or before the settlement of issues ) – 1. The parties or their pleaders shall produce, (at or before the settlement of issues ), all the documentary evidence of every description in their possession or powerPower The amount of energy transferred or converted per unit of time. In the International System of Units, the unit of it is the watt, equal to one joule per second. The capacity of energy infrastructure is rated using watts, which indicate its potential to supply or consume energy in a given period of time. A Power-plant rated at 100 MW has the potential to produce 100 MWh if it operates for one hour., on which they intend to rely, and which has not already been filed in Court, and all documentDocument It means any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks or any other means or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter and includes electronic and digital records. (Bharatiya Sakshya Adhiniyam 2023) which the Court has ordered to be produced.
(1998) 1 GauLJ 81 : (1998) 1 GauLT 347
GAUHATI HIGH COURTHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as ‘Mr/Mrs/Ms Justice surname’ and are given the prefix ‘The Honourable’. They are assigned to the King’s Bench Division, the Family Division, or the Chancery Division. The King’s Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission.
(AGARTALA BENCH)
SINGLE BENCH
( Before : N.G. Das, J )
TRIPURA GRAMIN BANK Vs. BIJAN BHATTACHARJEE AND OTHERS
Civil Revision No. 10 of 1997
Decided on : 09-12-1997
Civil Procedure Code, 1908 (CPCCode of Civil Procedure Main Sections: Filing, Summons, Trial, Judgment, Execution, Appeal, Interim Applications, Interim Injunction, Cost, Notice Rules: Order VII. Statutory Drafting and Forms: General Pleding) – Order 11 Rule 1, Order 11 Rule 15, Order 13 Rule 1, Order 7 Rule 14, Order 8 Rule 10, Order 8 Rule 8A(1), Order 9 Rule 6, Section 115, Section 115(1)
Cases Referred
The Rajasthan Golden Transport Co. (Pvt.) Ltd. Vs. Avon Footwear IndustriesIndustries A group of productive organizations or companies, participate in economic activities, and GDP > High-technology, Petroleum, Steel, Motor vehicles, Aerospace, Telecommunications, Chemicals, Electronics, Agribusiness, Food processing, Information technology, Artificial intelligence, Consumer goods, Lumber, Retail, Healthcare, Financial services, Mining, Renewable energy, Quantum computing, Space technology, Defence, Biotechnology, Pharmaceutical, Pvt. Ltd., AIRAIR All India Reporter 1986 Delhi 286 : (1986) 29 DLT 442
Counsel for Appearing Parties
B.B. Deb and A.K. Deb, for the Appellant; K.N. Bhattacharjee, S. Bhattacharjee and S.B. Dutta, for the Respondent
JUDGMENTJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2). Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022)
N.G. Das, J.—This application in revision u/s 115 of CPC is directed against the order of learned Civil Judge (Senior Division), Kailashahar, North Tripura dated 14.11.1996 passed in T.S.30 (Mortgage)/1993.
2. I have heard Mr. B.B.Deb, the learned senior counsel appearing on behalf of the Petitioner and Mr. K.N. Bhattacharjee, the learned senior counsel appearing on behalf of the Respondents.
3. To appreciate the contentions canvassed at the bar by learned Counsel for the parties the impugned orderImpugned order Order under challenge which is a very short one may be extracted as under:
Ld. Counsel for the parties are present. No witnesses is present either parties. Both parties separately prays for adjournment for the reasons stated in their petitions. Heard and considered. However both the prayers are allowed hence compel to adjourned the case today with a direction to the parties to lead oral and documentary evidence if any, for the next positively.
Ld. Counsel for the Plaintiff submits that the pltff. filed an application/interrogatoriesInterrogatories Written questions are asked to one party by an opposing party, who must answer them in writing under oath. Interrogatories are a part of discovery in a lawsuit. in writing on 13.6.96 with copy to the other party.
Heard Ld. Counsel for the Plaintiff on that application. But it appears to the Court that the so-called interrogatories were filed by the Plaintiff in belated stage therefore, liable to be dismissed. Hence the petitionPetition αναφορά > παρακαλώ (Prayer) dated 13.6.96 of the Plaintiff stands rejected.
To 20.12.96 for P.H. (Evidence of both parties ).
4. Mr. K.N.Bhattacharjee, the learned senior counsel appearing on behalf of the Respondents has at the very outset submitted that such an application u/s 115 of CPC is not maintainable chiefly because it is an interlocutory order and hence this order does not come within the purview of Section 115 of CPC for revision. Mr. Deb the learned senior counsel appearing on behalf of the Petitioner on the other hand, has contended that a bare perusal of the impugned order will show that learned trial CourtTrial court Court of original Jurisdiction > the court which examines the evidences for the first time. rejected the prayerPraying It can be interpreted as a political idea. It implicitly assumes the existence of the powerful and the powerless, with an intermediate agency positioned between them. This agency, often unquestioned and abstract, functions to preserve the existing balance between power and poverty. In doing so, prayer operates as a mechanism that normalizes hierarchy, encourages acceptance over challenge, and sustains the status quo without requiring conscious awareness from those who participate in it. not because that the interrogatories which were submitted by the Plaintiff were not in conformity with the lawLaw νόμος: Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. Law Practice. Read a scholarly article but because those were, according to the Court, submitted at a belated stage.
5. Mr. K.N.Bhattacharjee has, however, placed reliance upon a decision of the Delhi High Court to show that such an interlocutory order is not revisable. The decision referred to by Mr. Bhattacharjee is a decision rendered in the case of The Rajasthan Golden Transport Co. (Pvt.) Ltd. Vs. Avon Footwear Industries Pvt. Ltd.,
6. I have gone through the judgment and I am of opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion. that this decision does not say that each and every interlocutory order is not revisable. What is emphasized by the learned Judge is that such an interlocutory order is not revisable under the provision of Section 115 of CPC unless the order suffers from the infirmities specified in Clause (a) and or Clause (b) to the proviso. The substance of the observation of the learned Judge in this respect as would be available under para 13 of the judgment may be quoted as under:
The main object of delivering interrogatories by a party is to discover facts in order to facilitate the proofProof Mathematical proof, Direct proof, Proof by contraposition, Proof by contradiction, Proof by construction, Proof by exhaustion, Closed chain inference, Probabilistic proof, Combinatorial proof, Nonconstructive proof, Computer-assisted proofs. of his own case. However, the power to allow interrogatories to be administered by one party to another is always subject to the discretion of the Court. The discretion extends to allowing or refusing particular interrogatories. The Court of AppealCourt of Appeal It is the highest court within the Senior Courts of England and Wales under the Constitutional Reform Act 2005 (Created in 1875) and deals only with appeals from other courts or tribunals. It is divided into two Divisions, Criminal and Civil, and is based at the Royal Courts of Justice in London (High Court). The judges of the Court of Appeal are the Lord/Lady Chief Justice, the Master of the Rolls, the President of the King’s Bench Division, the President of the Family Division, the Chancellor of the High Court and the Lord and Lady Justices. will not likely interfere with the Judge’s exercise of his discretion, unless he acts on a wrong principle. That besides, it is well-settled that interrogatories must be confined to the matterMatter Normal matter is made of molecules, which are themselves made of atoms. Inside the atoms, electrons are spinning around the nucleus. The nucleus is made of protons and neutrons. Inside the protons and neutrons, exist indivisible quarks, like the electrons. All matter around us is made of elementary particles. ( building blocks of matter > quarks and leptons). All stable matter in the universe is made from particles that belong to the first-generation. Fundamental forces result from the exchange of force-carrier particles, which belong to a broader group called “bosons”. The strong force is carried by the “gluon”, electromagnetic force is carried by the “photon.” which are in issue or sufficiently material at the particular stage of the action at which they are sought to be delivered or to the relief claimed. The proviso to Order XI, Rule 1 in terms states that the interrogatories which do not relate to any matter in question in the suit shall be deemed irrelevant notwithstanding that they might be admissible on the oral cross-examination of a witness.
7. From the above quoted observation of the learned Judge it is clear that the trial Court passed the order on the application of the interrogatories on merit. It is also clear from the facts as stated under para 5 of the judgment that the learned Addl. DistrictDistrict India has 800 districts under 29 federal states and 8 union territories. Adilabad Agar-Malwa Agra Ahilyanagar Ahmedabad Aizawl Ajmer Akola Alappuzha Aligarh Alipurduar Alirajpur Alluri Sitharama Raju Almora Alwar Ambala Ambedkar Nagar Amethi Amravati Amreli Amritsar Amroha Anakapalli Anand Ananthapuramu Anantnag Anjaw Annamayya Anugul Anuppur Araria Ariyalur Arvalli Arwal Ashoknagar Auraiya Aurangabad Ayodhya Azamgarh Bagalkote Bageshwar Baghpat Bahraich Bajali Baksa Balaghat Balangir Baleshwar Ballari Ballia Balod Balodabazar-Bhatapara Balotra Balrampur Balrampur-Ramanujganj Banas Kantha Banda Bandipora Banka Bankura Banswara Bapatla Bara Banki Baramulla Baran Bareilly Bargarh Barmer Barnala Barpeta Barwani Bastar Basti Bathinda Beawar Beed Begusarai Belagavi Bemetara Bengaluru Rural Bengaluru Urban Betul Bhadohi Bhadradri Kothagudem Bhadrak Bhagalpur Bhandara Bharatpur Bharuch Bhavnagar Bhilwara Bhind Bhiwani Bhojpur Bhopal Bichom Bidar Bijapur Bijnor Bikaner Bilaspur Bilaspur Birbhum Bishnupur Biswanath Bokaro Bongaigaon Botad Boudh Budaun Budgam Bulandshahr Buldhana Bundi Burhanpur Buxar Cachar Central Chamarajanagar Chamba Chamoli Champawat Champhai Chandauli Chandel Chandigarh Chandrapur Changlang Charaideo Charkhi Dadri Chatra Chengalpattu Chennai Chhatarpur Chhatrapati Sambhajinagar Chhindwara Chhotaudepur Chikkaballapura Chikkamagaluru Chirang Chitradurga Chitrakoot Chittoor Chittorgarh Chumoukedima Churachandpur Churu Coimbatore Cooch Behar Cuddalore Cuttack Dadra And Nagar Haveli Dahod Dakshin Bastar Dantewada Dakshin Dinajpur Dakshina Kannada Dhenkanal Dholpur Dhubri Dhule Dibang Valley Dibrugarh Didwana-Kuchaman Dima Hasao Dimapur Dindigul Dindori Diu Doda Dr. B.R. Ambedkar Konaseema Dumka Dungarpur Durg East East Garo Hills East Godavari East Jaintia Hills East Kameng East Khasi Hills East Siang East Singhbum Eastern West Khasi Hills Eluru Ernakulam Erode Etah Etawah Faridabad Faridkot Farrukhabad Fatehabad Fatehgarh Sahib Fatehpur Fazilka Ferozepur Firozabad Gadag Gadchiroli Gajapati Ganderbal Gandhinagar Ganganagar Gangtok Ganjam Garhwa Gariyaband Gaurela-Pendra-Marwahi Gautam Buddha Nagar Gaya Ghaziabad Ghazipur Gir Somnath Giridih Goalpara Godda Golaghat Gomati Gonda Gondia Gopalganj Gorakhpur Gumla Guna Guntur Gurdaspur Gurugram Gwalior Gyalshing Hailakandi Hamirpur Hamirpur Hanumakonda Hanumangarh Hapur Harda Hardoi Haridwar Hassan Hathras Haveri Hazaribagh Hingoli Hisar Hnahthial Hojai Hooghly Hoshiarpur Howrah Hyderabad Idukki Imphal East Imphal West Indore Jabalpur Jagatsinghapur Jagitial Jaipur Jaisalmer Jajapur Jalandhar Jalaun Jalgaon Jalna Jalore Jalpaiguri Jammu Jamnagar Jamtara Jamui Jangoan Janjgir-Champa Jashpur Jaunpur Jayashankar Bhupalapally Jehanabad Jhabua Jhajjar Jhalawar Jhansi Jhargram Jharsuguda Jhunjhunu Jind Jiribam Jodhpur Jogulamba Gadwal Jorhat Junagadh Kabeerdham Kachchh Kaimur (Bhabua) Kaithal Kakching Kakinada Kalaburagi Kalahandi Kalimpong Kallakurichi Kamareddy Kamjong Kamle Kamrup Kamrup Metro Kancheepuram Kandhamal Kangpokpi Kangra Kannauj Kanniyakumari Kannur Kanpur Dehat Kanpur Nagar Kapurthala Karaikal Karauli Karbi Anglong Kargil Karimganj Karimnagar Karnal Karur Kasaragod Kasganj Kathua Daman Damoh Dangs Darbhanga Darjeeling Darrang Datia Dausa Davanagere Deeg Dehradun Deogarh Deoghar Deoria Devbhumi Dwarka Dewas Dhalai Dhamtari Dhanbad Dhar Dharashiv Dharmapuri Dharwad Dhemaji Katihar Katni Kaushambi Kendrapara Kendujhar Keyi Panyor Khagaria Khairagarh-Chhuikhadan-Gandai Khairthal-Tijara Khammam Khandwa (East Nimar) Khargone (West Nimar) Khawzawl Kheda Kheri Khordha Khowai Khunti Kinnaur Kiphire Kishanganj Kishtwar Kodagu Koderma Kohima Kokrajhar Kolar Kolasib Kolhapur Kolkata Kollam Kondagaon Koppal Koraput Korba Korea Kota Kotputli-Behror Kottayam Kozhikode Kra Daadi Krishna Krishnagiri Kulgam Kullu Kumuram Bheem Asifabad Kupwara Kurnool Kurukshetra Kurung Kumey Kushinagar Lahaul And Spiti Lakhimpur Lakhisarai Lakshadweep District Lalitpur Latehar Latur Lawngtlai Leh Ladakh Leparada Lohardaga Lohit Longding Longleng Lower Dibang Valley Lower Siang Lower Subansiri Lucknow Ludhiana Lunglei MAUGANJ Madhepura Madhubani Madurai Mahabubabad Mahabubnagar Mahasamund Mahendragarh Mahesana Mahisagar Mahoba Mahrajganj Maihar Mainpuri Majuli Malappuram Malda Malerkotla Malkangiri Mamit Mancherial Mandi Mandla Mandsaur Mandya Munger Murshidabad Muzaffarnagar Muzaffarpur Mysuru Nabarangpur Nadia Nagaon Nagapattinam Nagarkurnool Nagaur Nagpur Nainital Nalanda Nalbari Nalgonda Namakkal Namchi Namsai Nanded Nandurbar Nandyal Narayanpet Narayanpur Manendragarh-Chirmiri-Bharatpur(M C B) Mangan Mansa Marigaon Mathura Mau Mayiladuthurai Mayurbhanj Medak Medchal Malkajgiri Meerut Meluri Mirzapur Moga Mohla-Manpur-Ambagarh Chouki Mokokchung Mon Moradabad Morbi Morena Mulugu Mumbai Mumbai Suburban Mungeli Narmada Narmadapuram Narsimhapur Nashik Navsari Nawada Nayagarh Neemuch New Delhi Nicobars Nirmal Niuland Niwari Nizamabad Noklak Noney North North 24 Parganas North And Middle Andaman North East North Garo Hills North Goa North Tripura North West Ntr Nuapada Nuh Pakke Kessang Pakur Pakyong Palakkad Palamu Palghar Pali Palnadu Palwal Panch Mahals Panchkula Pandhurna Panipat Panna Papum Pare Parbhani Parvathipuram Manyam Paschim Bardhaman Paschim Medinipur Pashchim Champaran Patan Pathanamthitta Pathankot Patiala Patna Pauri Garhwal Peddapalli Perambalur Peren Phalodi Phek Pherzawl Pilibhit Pithoragarh Poonch Porbandar Prakasam Pratapgarh Pratapgarh Prayagraj Puducherry Pudukkottai Pulwama Pune Purba Bardhaman Ranipet Ratlam Ratnagiri Rayagada Reasi Rewa Rewari Ri Bhoi Rohtak Rohtas Rudraprayag Rupnagar S.A.S Nagar Sabar Kantha Sagar Saharanpur Saharsa Sahebganj Saitual Sakti Salem Salumbar Samastipur Samba Purba Medinipur Purbi Champaran Puri Purnia Purulia Rae Bareli Raichur Raigad Raigarh Raipur Raisen Rajanna Sircilla Rajgarh Rajkot Rajnandgaon Rajouri Rajsamand Ramanagara Ramanathapuram Ramban Ramgarh Rampur Ranchi Ranga Reddy Sambalpur Sambhal Sangareddy Sangli Sangrur Sant Kabir Nagar Saraikela Kharsawan Saran Sarangarh-Bilaigarh Satara Satna Sawai Madhopur Sehore Senapati Seoni Sepahijala Serchhip Shahdara Shahdol Shahid Bhagat Singh Nagar Shahjahanpur Shajapur Shamator Shamli Sheikhpura Sheohar Sheopur Shi Yomi Shimla Shivamogga Shivpuri Shopian Shrawasti Siaha Siang Siddharthnagar Siddipet Sidhi Sikar Simdega Sindhudurg Singrauli Sirmaur Sirohi Sirsa Sitamarhi Sitapur Sivaganga Sivasagar Siwan Solan Solapur Sonbhadra Sonepur Sonipat Sonitpur Soreng South South 24 Parganas South Andamans South East South Garo Hills South Goa South Salmara Mancachar South Tripura South West South West Garo Hills South West Khasi Hills Sri Muktsar Sahib Sri Potti Sriramulu Nellore Sri Sathya Sai Srikakulam Srinagar Sukma Sultanpur Sundargarh Supaul Surajpur Surat Surendranagar Surguja Suryapet Tamenglong Tamulpur Tapi Tarn Taran Tawang Tehri Garhwal Tengnoupal Tenkasi Thane Thanjavur The Nilgiris Theni Thiruvallur Thiruvananthapuram Thiruvarur Thoothukkudi Thoubal Thrissur Tikamgarh Tinsukia Tirap Tiruchirappalli Tirunelveli Tirupathur Tirupati Tiruppur Tiruvannamalai Tonk Tseminyu Tuensang Tumakuru Udaipur Udalguri Udham Singh Nagar Udhampur Udupi Ujjain Ukhrul Warangal Wardha Washim Wayanad West West Garo Hills West Godavari West Jaintia Hills West Kameng West Karbi Anglong West Khasi Hills West Siang West Singhbhum West Tripura Wokha Y.S.R. Yadadri Bhuvanagiri Yadgir Yamunanagar Yavatmal Zunheboto Umaria Una Unakoti Unnao Upper Siang Upper Subansiri Uttar Bastar Kanker Uttar Dinajpur Uttara Kannada Uttarkashi Vadodara Vaishali Valsad Varanasi Vellore Vidisha Vijayanagara Vijayapura Vikarabad Viluppuram Virudhunagar Visakhapatnam Vizianagaram Wanaparthy Judge vide impugned order granted leave to the Defendants to deliver interrogatories at Sl. Nos. 2, 3, 4 and 8 but disallowed the rest of the interrogatories. This factFact Something तथ्य (In-formation) that truly exists or happens or some-thing that has actual existence. Circumstances: a fact or event that makes a situation the way it is. Indian Evidence Act: It means and includes— (i) anything, state of things, or relation of things, capable of being perceived by the senses; (ii) any mental condition of which any person is conscious. “facts in issue” means and includes any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows. clearly indicates that the learned Addl. District Judge i.e. the trial Court passed order on merit. Here the case is a little different and hence that decision does not help the Respondents.
8. Here on going through the order-sheets I find that the learned trial Court granted a good numberNumber Αριθμός of adjournments to the Defendants for filing written statement and thereafter by his order dated 18.11.95 the learned trial Judge allowed the Defendants timeTime χρόνος. Judicial: Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) यमः , पुं, (यमयति नियमयति जीवानां फलाफलमिति । यम् + अच् । विश्वे च कलयत्येव यः सर्व्वायुश्च सन्ततम् । अतीव दुर्निवार्य्यञ्च तं कालं प्रणमाम्यहम् ॥यमैश्च नियमैश्चैव यः करोत्यात्मसंयमम् । स चादृष्ट्वा तु मां याति परं ब्रह्म सनातनम् ॥ as a last chance to file written statement fixing the date on 15.12.95 for written statement/judgment under Order Rule 10 of CPC The order of learned Judge passed on 18.11.95 may be quoted as under:
Both the sides are present through their engaged counsel.
The Defendants pray for time to file the written statement.
It appears from the case records that sufficient time was given to the Defendants to file the written statement, but they did not do so on this or that pretext.
However, a last and last chance is given to the Defendants to file the written statement on the next date failing which the suit will be disposed of under Order 8 Rule 10 of CP Code.
To 15.12.95 for W. S/Judgment under Order 8 Rule 10 of the C.P.Code.
9. The case was accordingly taken up on 15.12.95 and on this date the learned trial Judge framed the issues fixing the suit on 20.1.1996 for P.H.
10. Now the question which needs consideration is whether the order which the learned trial Judge passed on 18.11.95 was in consonance with the provisions of CPC I have already stated above that the learned trial Judge fixed the date on 15.12.95 for written statement/judgment under Order 8 Rule 10 of Code of Civil ProcedureCode of Civil Procedure Main Sections: Filing, Summons, Trial, Judgment, Execution, Appeal, Interim Applications, Interim Injunction, Cost, Notice Rules: Order VII. Statutory Drafting and Forms: General Pleding. I really failed to understand how that date can be fixed for a judgment under Order 8 Rule 10 of CPC as the order-sheets do not indicate that the learned Judge from his own accord passed any order requiring the Defendants to file the written statement.
11. Order 8 Rule 10 CPC reads:
10. Procedure when party fails to present written statement called for by Court. – Where any party from whom a written statement is required under Rule 1 or Rule 9 fails to present the same within the time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him, or make such order in relation to the suit as it thinks fit and on the pronouncement of such judgment, a decree shall be drawn up.
12. A perusal of the provisions as quoted above will make it clear that such a course can be adopted only when a party fails to present a written statement called for by the Court. Here in the present case, as I have already mentioned above that there is no order to the effect that the Defendants were required/directed to submit their written statement. If such a course is adopted then there will be no scope for exparty hearing as provided under Order 9 Rule 6 of CPC Not only this Order 13 Rule 1 will also be ignored in case such a slip-short manner is allowed to be continued. Order 13 CPC reads:
Documentary evidence to be produced (at or before the settlement of issues ) – 1. The parties or their pleaders shall produce, (at or before the settlement of issues ), all the documentary evidence of every description in their possession or power, on which they intend to rely, and which has not already been filed in Court, and all document which the Court has ordered to be produced.
(2) The Court shall receive the document so produced; provided that they are accompanied by an accurate list thereof prepared in such form as the High Court directs.
13. In view of the above provisions I am of the view that after receipt of the written statement the Court is to fix a date for submission of the relevant document and the Court shall receive those documentsDocument It means any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks or any other means or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter and includes electronic and digital records. (Bharatiya Sakshya Adhiniyam 2023) if they are accompanied by an accurate list (firisti index etc.)
14. It is however, true that document on which the Plaintiff’s suit is based are to be produced along with the plaint (Order 7 Rule 14) and the Defendants are also required under Order 8 Rules 8-A(1) to produce the relevant documents along with the written statement. But thereafter comes the provision of Order 11 Rule 15 which enables each party for inspection of the documents. The Order 11 Rule 1 also enables a party to obtain from his opponent material facts or information as to the documents or admission which will support his information or damage his opponent’s case. Therefore, by virtueVirtue Aristotelian model: Excess Mean Deficiency >Irascibility Gentleness Spiritlessness >Rashness Courage Cowardice>Shamelessness Modesty Diffidence>Profligacy Temperance Insensitiveness>Envy Righteous Indignation Malice>Greed Justice Loss>Prodigality Liberality Meanness>Boastfulness Honesty Self-deprecation>Flattery Friendliness Surliness>Subservience Dignity Stubborness>Luxuriousness Hardness Endurance>Vanity Greatness of Spirit Smallness of Spirit>Extravagance Magnificence Shabbiness> Rascality Prudence Simpleness. of this provision a party is entitled to submit interrogatories.
15. In the instant case, on going through the entire order-sheets I find that parties were not given any opportunity for filing interrogatories. I have already quoted the relevant order which will clearly show how in a slipshod manner the learned trial Judge jumped to pass an order under Order 8 Rule 10 Code of Civil Procedure.
16. In view of the infirmities pointed out above, I am, therefore, of opinion that even though the interrogatories were submitted at a belated stage the trial Court ought not to have rejected these on the simple ground that those were submitted at a belated stage.
17. Learned trial Judge did not dispose of the application of interrogatories on merit. Therefore, for the infirmities I have pointed out above, I am of the view that the learned trial Judge ought to have disposed of the application of interrogatories on merit.
18. It is true that powers of Revisions u/s 115 of CPC have been curtailed to a great extent by the last Amendment. But even then if any order is found to have suffered from the infirmities specified in Clause (a) or (b) to the proviso to Section 115(1) of CPC then in my opinion the High Court in its revisional jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. u/s 115 of CPC can very well interfere with the order. In the instant case, from my above discussions of the facts it would be abundantly clear that learned trial Judge suddenly jumped to pass an order under Order 8 Rule 10 CPC without affording any opportunity to the parties for filing the documents/interrogatories etc.
19. For all these reasons, the impugned order is set aside and learned trial Judge is directed to dispose of the application for interrogatories on merit after hearing both the parties.
20. It is submitted by learned Counsel for the parties that such error/mistake are being committed regularly by the Courts-be low. I therefore consider it expedient to sent copy of this order to all the Civil Courts in Tripura.