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IN THE HIGH COURT OF ALLAHABAD
KSHITIJ SHAILENDRA
Prem Chand Deceased – Appellant
Versus
Charat Kumar Bansal – Respondent
| Table of Content |
|---|
| 1. context of summoning records and its significance. (Para 1 , 2) |
| 2. concerns regarding the effect of summons on execution proceedings. (Para 3) |
| 3. court's procedural observations on record summons. (Para 4 , 8 , 9 , 10) |
| 4. implementation of cpc rules concerning stay orders. (Para 5 , 6 , 7) |
| 5. conclusion directing the return of original records. (Para 11 , 12 , 13) |
JUDGMENT :
Kshitij Shailendra, J.
ON THE ISSUE OF SUMMONING VIS-A-VIS RETAINING OR RETURNING THE ORIGINAL RECORD
1. Shri Sumit Daga, learned counsel for the respondent, raised an issue which prima facie appears to be quite small, but has a significant value. The matter is being treated as of general importance qua a limited issue that is coming up before this Court in many cases.
2. The case was mentioned in the morning, not for the purposes of its hearing as the time constraints otherwise do not allow hearing of the matter today, but making a prayer as regards return of the original record of the first Appellate Court and the trial court which, earlier, had been summoned by this Court without admitting the appeal.
3. Referring to the order dated 19.01.2018, it is contended that, till today, the instant appeal ha
The court clarified that summoning original records does not stay execution, emphasizing that only photocopies should generally be retained to avoid delays in proceedings.
High Court under Art.227 directs expeditious disposal of appeals and reconstruction of misplaced records with timelines.
Revenue Courts have the authority to summon documents from Judicial Courts under the provisions of the CPC as per the Rajasthan Tenancy Act.
The maintainability of revisions must be assessed before summoning records, and original records are essential for deciding revisions under the U.P. Consolidation of Holdings Act.
If only reconstruction is not possible to facilitate the High Court to hear and dispose of the appeals and the further course of retrial and fresh adjudication by the Sessions Court is also rendered ....
The main legal point established is that the pendency of a second appeal does not automatically warrant a stay of execution proceedings, and the High Court's jurisdiction to pass interim orders is co....
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