Court may intervene in exceptional circumstances to ensure proper judicial process when case records go missing.

Mr. Supratick Shyamal .…for the petitioner Mr. Biswabrata Basu Mallick, learned AGP M/s. Parna Roy Chowdhury .…. for the State The present writ petition has been preferred seeking a direction upon respondent no. 5, namely the learned Civil Judge (Junior Division), Bidhannagar, Mayukh Bhawan, Salt Lake City, Kolkata – 700091, to take appropriate steps for tracing out the case record of Title Execution Case No. 37 of 1993. In the alternative, the petitioner prays for a direction upon the concerned respondents to pass necessary orders for reconstruction of the said case record, in accordance with law.

Mr. Shyamal, learned Advocate appearing on behalf of the petitioner, submits that the petitioner had instituted a suit, being Title Suit No. 248 of 1987, seeking a decree for declaration, injunction, and recovery of possession against one Haran Mullick Roy @ Gurupada Mullick Roy before the learned Munsif [subsequently re-designated as the learned Civil Judge (Junior Division)], 3rd Court at Sealdah. He further submits that the said suit was decreed on the basis of a compromise on 30th May, 1988.

However, the judgment-debtors failed to comply with the terms and conditions of the compromise petition, which had been incorporated as part of the decree. Consequently, the petitioner was constrained to file Title Execution Case No. 37 of 1993 for execution of the said decree.

He contends that during the pendency of the said execution proceeding, the entire case record of Title Execution Case No. 37 of 1993 went missing. In an effort to retrieve the record, the petitioner initially submitted an application before the learned Executing Court, and thereafter, approached the learned District Judge. Subsequently, exploring the administrative channel, the petitioner also submitted a representation before the learned Registrar (Judicial Service), High Court, Appellate Side, Calcutta, seeking steps for tracing out the missing record or, in the alternative, for reconstruction of the same. However, all such efforts ultimately proved futile. Faced with this situation, the petitioner has been compelled to prefer this writ petition.

Heard the learned Advocates appearing for the respective parties. Perused the materials on record.

Although a Writ Court, while exercising its powers under Article 226 of the Constitution of India , would ordinarily refrain from interfering with matters relating to the judicial functions of a subordinate court, in the present case, considering that the case record went missing as early as in 2013 and, despite the lapse of more than a decade, no concrete steps have been taken either to trace the missing record or to initiate its reconstruction, this Court is of the view that the situation constitutes an exceptional circumstance warranting interference.

I have been informed that the petitioner has already submitted an application for reconstruction of the case record.

In view thereof, the writ petition is disposed of by directing the learned Civil Judge (Junior Division), Bidhannagar, Mayukh Bhawan, Salt Lake City, Kolkata- 700091, to take steps to reconstruct the case record of Title Execution Case No. 37 of 1993, strictly adhering to the provision of Civil Rules and Order of this Court. Learned District Judge concerned shall oversee and monitor the work of reconstruction of the case record. Both the decree holder and judgment-debtors are requested to co-operate with the learned court by producing the documents lying in their possession before the court.

In any case, the entire exercise shall be completed within a period of eight weeks from the date of receipt of copy of this order.

This order has been passed in the facts and circumstances peculiar to the present case and shall not be treated as a precedent.

The writ petition is, thus, disposed of.