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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI, J.
Sushma Baliase – Appellant
Versus
Central Bank Karamchari Swalambi Co-operative Society – Respondent
JUDGMENT :
Sanjay Kumar Dwivedi, J.
Heard Mr. Sanjeev Thakur, learned counsel appearing for the petitioner, Mr. Md. Asghar, learned counsel appearing for the O.P. No. 1 and Mr. Prashant Kumar Singh, learned counsel appearing for the O.P. Nos. 2 to 4 in both these cases.
2. Both these cases are arising out of the same suit, in view of that both the cases are being heard together with the consent of the parties.
3. Both these petitions have been filed under Article 227 of the Constitution of India and in C.M.P. No. 475 of 2024, prayer is made for quashing of the orders dated 26.06.2023 and 19.03.2024, passed by the learned Civil Judge (Senior Division)-V, Deoghar and learned Civil Judge (Sr. Division)-III respectively in Original Suit No. 24 of 2007, whereby the learned court has been pleased to fix the case for final arguments.
4. In C.M.P. No. 597 of 2024, prayer is made for setting aside the order dated 10.04.2024, passed by the learned Principal District Judge, Deoghar, in Civil Mis. (Transfer) Petition No. 08 of 2024, whereby, the petition for transfer of the case to another court has been rejected by the learned court.
5. Mr. Sanjeev Thakur, learned counsel appearing for the petition
The court upheld the lower court's decision, emphasizing the admissibility of certified documents under the Bankers’ Books Evidence Act and denying that the petitioner was deprived of the opportunity....
Procedural rules must serve justice, allowing document submissions and amendments even with delays, provided they are relevant to the case.
The admissibility of additional evidence in appellate proceedings depends on its necessity for the court to pronounce judgment, not on prior opportunities to present it.
The provisions of Order 8 Rule 1 regarding filing written statements are directory, not mandatory, ensuring fair opportunity for both parties in legal proceedings.
The court affirmed that specific performance of an agreement can be granted when the plaintiff proves execution and readiness to perform, despite the defendant's failure to file a written statement.
Timeliness and diligence in adhering to court orders are crucial; failure to comply may result in dismissal of application to admit evidence.
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