RAJPAL PRASAD Vs. DAMODAR VALLEY CORPORATION

JUDGEMENT

(1.) The plaintiff-petitioner filed Title Suit No. 30 of 1991 before the Munsif, Bermo at Tenughat for his employment as against Group 'c' post under the defendant Nos. 1 to 3 in terms of Annexure 1 to the plaint and for annulment of the appointment of defendant No. 4 as being wholly arbitrary, unauthorised, illegal and ultravires. According to the plaintiff, lands belonging to his grand father was acquired for the Damodar Valley Corporation. The Corporation published a circular containing a scheme to provide employment to Group 'c' posts to the displaced persons. The plaintiff was entitled to employment, but defendant No. 4 obtained employment on the basis of false statements, declaration etc.

(2.) Inspite of service of summons the defendant Nos. 1 to 3 neither appeared in the suit, nor filed any written statement. However, defendant No. 4 appeared and filed written statement. According to defendant No. 4, one Khaitu Patwa was his uncle and since the family was joint he was also a displaced person. The crucial question is as to whether the defendant No. 4 obtained employment by making false statements, declaration etc. Admittedly, those documents are in the custody of defendants 1 to 3, but they have chosen not to contest the suit.

(3.) On 25.8.1993, the plaintiff filed a petition under Order XI Rule 12 of the Code of Civil Procedure to direct the defendant Nos. 1 to 3 to produce the documents, namely, declaration form 'A' Description Roll, Certificate of Mukhiya, Hazari Gram Panchayat and the papers along with entire personal file of defendant No. 4, available in the service personal file of defendant No. 4. By the impugned order dated 27.8.1993 the trial court has rejected the said petition.