SYED MOHD NASIR Vs. SYED RAHMAN ALI

JUDGEMENT

(1.) Heard learned Counsel for the parties. 2. This petition challenges the order dated 17-12-2005 passed by the Wakf Tribunal. 3. The petitioner moved an application before the Tribunal making prayer of discovery of certain documents by the respondent. That application had been opposed by the respondent Nos. 1 and 2 stating that the certified copies of the documents, sought to be discovered, can be filed and they should not be directed for making discovery of the same under Order XI Rules 12 to 14 CPC. 4. The Tribunal, while disposing of this prayer of the petitioner, found that since certified copies of the document can be obtained the aforesaid prayer, of the petitioner was not competent and consequently the application was dismissed. 5. The learned Counsel appearing for the petitioner contends that the documents sought to be discovered, in the appointment letter dated 9-1-1996 whereby the respondent No. 1 claims to have been appointed as Mutawalli of the disputed Wakf by the Board and the same should have been filed on record. The original is not there. The learned Counsel further submits that the appointment letter has been disputed by the Wakf Board, respondent No. 3 itself and it has been pleaded in its written statement that it is a forged document as no such letter was issued by the Board. 6. In the aforesaid facts and circumstances it appears that the prayer has been made by the petitioner before the Court for discovery of the original appointment letter. Obviously a certified copy of that letter could not be obtained and in such circumstances the Tribunal should not have rejected this prayer of the petitioner for discovery and production of that letter dated 9-1-1996 appointing respondent No. 1 as Mutwali. 7. In the aforesaid view of the matter, this petition is disposed of with the direction that the respondent Nos. 1 and 2 shall file the original copy of the appointment letter dated 9-1-1996 before the Tribunal on 28-2-2006 which shall take up the proceedings of the appeal pending before it as expeditiously as possible and shall preferably dispose of the same within a period of 3 months from the date of production of certified copy of this order Petition disposed of with direction. .