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W.P.17223 of 2010
06.12.2010.
Shri S.D. Mishra, Counsel for the petitioners.
Shri Samdarshi Tiwari, G.A. for the respondents.
This petition is directed against an order dated
22.11.2010 by which the II Civil Judge Class II, Mauganj
district Rewa in civil Suit No.446-A/09 rejected the application
filed by the petitioners for summoning original khasra entries
from the office of the Collector under Order 13 Rule 10 C.P.C.
Learned counsel for the petitioners submitted that vide
order Annexure P-3 dated 25.9.2008, the Collector notified
that the Khatoni of 1958-59 is in dilapidated condition and no
certified copy shall be provided. However, if the documents
are required by the Court, the same shall be produced before
the Court after the permission of the Collector. The
petitioners could not get the certified copy of the Khatoni
1958-59 so petitioners moved an application before the trial
Court for summoning the records but the trial Court rejected
the same saying that there is no justification for summoning
of the records. It is submitted that without production of the
relevant entries, petitioners cannot prove their case before
the trial Court and the production of the aforesaid document
is necessary for the just decision of the case.
Considering the peculiar facts of the case, we direct the
learned Govt. Advocate to seek instructions from the
Collector, Rewa in the matter and to apprise this Court why
the documents of 1958-59 cannot be converted into
electronic records so that the transportation of the records
may be avoided and on demand the requisite copies may be
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W.P.17223 of 2010
06.12.2010.
provided from the electronic records.
Shri Tiwari prays for a short time to seek instructions in
this regard.
Issue show cause notice to the respondents. Steps
within a week by registered A.D. mode.
Notice be made returnable before the next date of
hearing.
Be listed for hearing on 14.12.2010.
Petitioners shall also serve the other side Humdast.
Till the next date of hearing further proceedings in Civil
Suit No.446-A/2009, between the parties, shall remain
stayed.
A typed copy of this order be supplied to Shri Tiwari for
necessary action.
C.C. as per rules.
(Krishn Kumar Lahoti) (Smt. Sushma Shrivastava)
JUDGE JUDGE
vj