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MITALI THAKURIA
Minoti Boruah W/o Late Brojen Baruah – Appellant
Versus
Sikhamoni Boruah @ Santa Sikha Boruah D/o Anu Boruah – Respondent
JUDGMENT :
MITALI THAKURIA, J.
1. Heard Mr. R. Sharma, learned counsel for the petitioner. Also heard Ms. R. Choudhury, learned counsel for the respondent.
2. This civil revision petition is directed against the order dated 26.09.2022, passed by the learned Civil Judge, Sivasagar, in Title Suit No. 03/2021, allowing the petition, dated 30.04.2022, filed by the plaintiffs under Order XIII Rule 2 read with Section 151 of the Code of Civil Procedure and thereby allowed the plaintiff to produce and exhibit 5 (five) numbers of documents after filing of evidence on affidavit which were not filed at the time of filing of the suit and prior to the filing of the written statement.
3. The respondent, as a plaintiff, filed a Title Suit No. 03/2021 before the Court of learned Civil Judge, Sivasagar, against the present petitioners/defendants praying for a decree for declaring the plaintiff as the illegitimate daughter of Late Brojen Baruah claiming ¼ share of the service benefit of her father- Late Brojen Baruah, who was a Senior HR Executive of ONGCL, and also prayed for permanent injunction restraining the defendants from taking the other service benefits due to the deceased- Late Brojen Baruah.
Order 32 Rule 12 of Code of Civil Procedure is quoted course to be followed by minor plaintiff or applicant on attaining majority.
The main legal point established in the judgment is that the court may not permit the filing of additional documents at a belated stage if it would only protract the case, as established by the princ....
Judicial officers should not be impleaded in writ petitions, and applications under Order XI must be timely and relevant to the case.
Timely submission of documents and the requirement for sufficient cause to be shown for their delayed filing are crucial principles in civil procedure.
Point of Law : There cannot be any bar to accept the certified copies of the documents which were earlier accepted by the Court even in absence of any leave petition.
The main legal point established is that under Order VIII Rule 1(A) (3) of the Civil Procedure Code, a party must lay a satisfactory foundation and explain any delay when filing an application to rec....
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