Archdiocese of Guwahati v. M/S M R Construction and Anr

ORDER

21.02.2024 Heard Mr. A. C. Sarma, learned senior counsel for the petitioner, assisted by Mr. G. Bharadwaj, Advocate. This is an application under Article 227 of the Constitution of India challenging the order dated 08.12.2023 passed by the learned Civil Judge (Senior Division), Kamrup in Page No.# 2/2 Money Suit No. 06/2022. The petitioner is the plaintiff before the trial court and the case was proceeding exparte against the defendants. The petitioner filed evidence on affidavit. On 11.09.2023 the petitioner filed an application praying for permission to submit a certificate under Section 65-B of the Indian Evidence Act with regard to the Document No. 2 which is a computer generated document. But the trial court did not allow the said application because the counsel representing the petitioner could not properly explained the fact before the court below. This court is of the opinion that only on that ground the trial court should not have been dismissed the application filed by the petitioner. The trial court should have exercise judicial mind while entertaining the application. I find that the trial court failed to exercise judicial mind while passing the impugned order. Therefore, the impugned order dated

08.12.2023 passed by the learned Civil Judge (Senior Division), Kamrup in Money Suit No. 06/2022 is bad in law and stands set aside. The petitioner shall be allowed to submit the Certificate aforesaid before the trial court and thereafter, the trial court shall proceed to dispose of the matter in accordance with law. The civil revision stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010032302024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/65/2024 ARCHDIOCESE OF GUWAHATI A RELIGOUS SOCIETY, HAVING ITS OFFICE AT BISHOPS HOUSE, AMBARI, GUWAHTAI 781001, KAMRUP M ASSAM, REPRESENTED BY MR. FIROSE BASUMATARY, A MEMBER OF THE SOCIETY, AGE 45 YEARS VERSUS M/S M R CONSTRUCTION AND ANR A PROPRIETORIAL FIRM REPRESENTED BY JAKIR HUSSAIN, S/O RAFIK ALI, HAVING ITS OFFICE AT KAMALPUR, PO AND PS KAMALPUR, DIST KAMRUP ASSAM 781380 2:JAKIR HUSSAIN S/O RAFIK ALI RESIDENT OF VILLAGE KAMALPUR PO AND PS KAMALPUR DIST KAMRUP ASSAM 78138 Advocate for the Petitioner : MR. A C SARMA Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA