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Nabadip Chandra Nandi and ors. Vs. the Secretary of State for India in Council - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in33Ind.Cas.968
AppellantNabadip Chandra Nandi and ors.
RespondentThe Secretary of State for India in Council
Excerpt:
civil procedure code (act v of 1908), order xvi, rules 10 and 12, orders and procedure under. - .....under rule 12 could possibly be made. the civil courts, and particularly the peripatetic settlement courts which cause a large amount of disturbance to local interests, cannot be too careful to follow the provisions of law strictly as regards summoning persons and documents before them. it appears to us that the proceedings of the assistant settlement officer and the settlement officer affirming them were wholly without jurisdiction and must be set aside; and if the assistant settlement officer requires any documents from the petitioners he must proceed strictly in accordance with law.2. the rule is made absolute with costs to the petitioners, two gold mohurs. the fine, if paid, must be refunded.
Judgment:

1. We are of opinion that this Rule must be made absolute on the ground on which it was issued. In the first place, there was no summons upon any body to produce the documents and, therefore, Order XVI, Rule 10, did not apply, and secondly, if Order XVI, Rule 10, did apply, the procedure laid down in that rule was not followed, and until it was followed, no order under Rule 12 could possibly be made. The Civil Courts, and particularly the peripatetic Settlement Courts which cause a large amount of disturbance to local interests, cannot be too careful to follow the provisions of law strictly as regards summoning persons and documents before them. It appears to us that the proceedings of the Assistant Settlement Officer and the Settlement Officer affirming them were wholly without jurisdiction and must be set aside; and if the Assistant Settlement Officer requires any documents from the petitioners he must proceed strictly in accordance with law.

2. The Rule is made absolute with costs to the petitioners, two gold mohurs. The fine, if paid, must be refunded.


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