Gyasuddin Ahmed v. Nizamuddin Ahmed

JUDGMENT AND ORDER(CAV) Heard Mr. P.J. Saikia, learned senior counsel representing the petitioner as well as Mr. R. Sarma, learned counsel appearing for the respondent.

¶2This is an application under Article 227 of the Constitution of India challenging the order dated

11.07.2022 passed by the learned Civil Judge, Dibrugarh in Money Suit No.23/2016.

¶3The respondent is the own brother of the present petitioner. The respondent filed a Money Suit before the trial court for recovery of a sum of ₹29,50,091/- from the present petitioner.

¶4The petitioner being the defendant filed his written statement.

¶5The respondent examined some witnesses also.

¶6At that stage, the petitioner being the defendant before the trial court, filed an application under Order VIII Rule 1A (3) of the Code of Civil Procedure praying for leave to introduce four number of documents. The trial court refused to grant the leave.

¶7The trial court held that the petitioner being the defendant was not diligent enough to mention about these documents and therefore, he cannot be allowed to come out with a surprise.

¶8I have considered the submissions made by the learned counsel of both sides.

¶9While considering Order VIII Rule 1A (3) of the Code of Civil Procedure, in SUGANDHI (dead) by Lrs. & ANR. Vs. P. RAJKUMAR REPRESENTED BY HIS POWER AGENT IMAM OLI, vide Civil Appeal No.3427/2020 (Arising out of S.L.P.(C) No.16491 of 2019 dated October 13, 2020), the Supreme Court has held as under: "It is often said that procedure is the handmaid of justice. Procedural and technical hurdles shall not be allowed to come in the way of the court while doing substantial justice. If the procedural violation does not seriously cause prejudice to the adversary party, courts must lean towards doing substantial justice rather than relying upon procedural and technical violation. We should not forget the fact that litigation is nothing but a journey towards truth which is the foundation of justice and the court is required to take appropriate steps to thrash out the underlying truth in every dispute. Therefore, the court should take a lenient view when an application is made for production of the documents under sub-rule (3)."

¶10I have found that the trial court has considered the relevancy of the documents intended to be introduced by the defendant/petitioner, that too without any evidence. Page No.# 3/3

¶11It is a settled principle of law that the rules of procedure are handmaid of justice and therefore, even if there is some delay, the trial court should have imposed some costs rather than to decline the production of the documents themselves.

¶12Consequently, the revision petition is allowed.

¶13The impugned order is set aside. The trial court is directed to accept the four documents intended to be introduced by the present petitioner. Thereafter, the trial court shall expeditiously dispose of the suit in accordance with the procedure as laid down by law. The petition is disposed of accordingly.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010168352022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/198/2022ooooooooo GYASUDDINoAHMEDo S/O.oLT.oANWARUDDINoAHMED,oR/O.oC/O.oENVERoPLANTATIONoPVT.oLTD.,o RATANPUR,oP.O.oC.R.oBUILDING,oP.S.oANDoDIST.oDIBRUGARH,oASSAM. VERSUSo NIZAMUDDINoAHMEDo S/O.oLT.oANWARUDDINoAHMED,oC/O.oLEIKoTEAoESTATE,oRATANPUR,oP.O.o C.R.oBUILDING,oP.S.oANDoDIST.oDIBRUGARH,oASSAM. AdvocateoforotheoPetitionerooooo:oMR.oPoJoSAIKIA,oSR.oADVo AdvocateoforotheoRespondento:oMRoKoKHANNAoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo PRESENT THEoHON'BLEoMR.oJUSTICEoPARTHIVJYOTIoSAIKIA oo ooooooooooooooooooo ForotheoPetitioneroooo:oooooooo Mr.oP.J.oSaikia, oooooooooooooooooooooooooooooooooooooooooooooooooooooooooo SenioroAdvocate.o o oooooooooooooooooooo ForotheoRespondent:ooooooooo Mr.oR.oSarma,o Advocate.oo o oooooooooooooooooooo DateoofoHearingoooooo:oooooooo 11.06.2024. oooooooooo DateoofoJudgmentoooo:oooooooo 16.07.2024. o Page No.# 2/3