SURAJ PARKASH VAID Vs. UNION OF INDIA

JUDGEMENT

(1.) This revision petition has been filed by the plaintiff under Section 115 of the Code of Civil Procedure, against the order of the Sub-Judge 1st Class, dated 15th October, 1974, by which he has declined the request of the plaintiff to order the defendants to admit and/or deny the documents under Order 12 Rule 2 of the Code while the learned Judge has directed the plaintiff to produce their certified copies.

(2.) The petitioner has instituted the suit giving rise to the revision against the Union of India, the Registrar of the Supreme Court and the Chief Justice of India for recovery of Rs. 6.000.00 as damages for wrongful reduction in rank in the employment of the petitioner in the Supreme Court. The petitioner was reduced in rank and then finally removed from service. Another suit was instituted by the petitioner attacking the aforesaid two orders. I am told that the court of first instance dismissed the said suit, but the lower appellate court held that the removal from service was valid, while the reduction in rank was legally infirm. I am also informed that feeling aggrieved by the said decree, the plaintiff petitioner has instituted a second appeal in this court in which he has challenged the decree upholding his removal from service. In view of these circumstances, the present suit has been instituted on 30th September, 1970 claiming damages for wrongful reduction in rank while the other is still pending.

(3.) It appears that a number of documents were filed in the aforesaid suit (which is pending in second appeal in this court). The petitioner in the instant suit has filed unsigned copies of a number of documents from the said file and has moved two applications before the court below praying that under Order 12 Rule 2, 3A of the Code, the defendants be called upon to admit and/or deny the documents. The applications also appeared to be headed under Order 12 Rule 4 and Order 17 Rule 3, but the counsel for the petitioner is unable to state if the said provisions of law have got any relevance to the subject matter raised in the revision.