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2012 Supreme(Gau) 959

SUBHASIS TALAPATRA
Central Training Institute Civil Defence & Home Guards – Appellant
Versus
National Boards Employees Union – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Mr. B. Chakraborty, Advocate
For Respondents/Defendant:Mr. N.N. Jha, Advocate

JUDGMENT

S. Talapatra, J.

1. This is a petition filed under Article 227 of the Constitution of India against the order dated 17.03.2011 passed by the Munsiff No. 2, Kamrup, Guwahati in Title Suit NO. 198 of 2009. The impugned order as passed by the Munsiff No. 2, Kamrup, Guwahati, the prayer of the defendant No. 5 and 6, in the Title Suit No. 198 of 2009 for leave to produce some documents, marked by them as Exbt.B, Exbt.C, Exbt.D & Exbt.E was rejected. The petitioners made attempt to explain the non production in the appropriate stage by stating that the Principal, Central Training Institute, Civil Defence & Home Guards i.e. the defendant No.6 could not locate documents. Therefore, when those documents on discovery were handed over to the counsel along with the examination-in-chief under Order XVIII Rule 4 of the C.P.C. The Munsiff No. 2, Kamrup, Guwahati held that the defendants had not filed the documents marked as Exbt.B,C,D & E along with the pleadings. Even the defendant No. 5 & 6 did not seek any leave of the Court to allow them to introduce those documents and as such those documents were not received in the records but one document as marked Exbt.A was received, for the reas









































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