DEVI DUTT Vs. ADDITIONAL CHIEF REVENUE COMMISSIONER UTTARANCHAL

JUDGEMENT

(1.) BY means of this Writ Petition, moved under Article 226 of the Constitution of India, the petitioner has prayed to issue a writ, order or direction in the nature of certiorari quashing the judgment and order dated 29. 09. 2004 passed by the Additional Chief Revenue Commissioner Uttaranchal, Dehradun in Z. A. Appeal No. 13/2001-2002, whereby the application dated 02. 09. 2002 filed by the petitioner for summoning the file of suit No. 22/113/90-91 (Nand Kishore Vs. State of Uttaranchal) was rejected by the Addl. Chief Revenue Commissioner, Dehradun.

(2.) THE Addl. Chief Revenue Commissioner, Dehradun has observed in the impugned judgment that the additional evidence cannot be filed by moving an application under Order 41 Rule 27 C. P. C. It was further observed that the said application does not fulfill the requirement of Order 41 Rule 27 C. P. C. Learned senior counsel for the petitioner vehemently argued that the said application was not filed under Order 41 Rule 27 C. P. C. and it was filed only to summon the records of suit No. 22/113/90-91, which was decided on the basis of the compromise. It was further contended that the Addl. Chief Revenue Commissioner, Dehradun has wrongly treated the said application under Order 41 Rule 27 C. P. C. Learned counsel for the respondents refuted the contention and contended that the documents of alleged compromise is already on record and the said suit was filed on the basis of the alleged compromise.

(3.) THE Additional Chief Revenue Commissioner has rejected the prayer of the petitioner for summoning the file and no liberty was given to the petitioner to file the certified copy of the documents which are the part of that file. It is the discretion of the court that the party can submit the certified copy of the documents by obtaining the records/file. It is not necessary to summon the file by the court, but at the same time the Additional Chief Revenue Commissioner treated the said application under Order 41 Rule 27 C. P. C. Order 41 Rule 27 of the C. P. C. provides as under :-