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Court No. 3Ajouté :
to mention item number four and five with the function of the side.
>> Yes. But we can't keep it long.
Actually the bench.
>> Yes, that is uh respondent. The matter stands John today. Next it shall not be treated as a part matter.
list after a week on a date to be fixed by the registry next.
It is it is hoped that on the next date of this thing none of the parties shall pray for an adjournment.
for a fixed date fixed date. You see we have taken at a fixed date. We have constituting a bench for this or for a fixed date and what has happened >> because last week on 30th of this month >> no no you make a mention before the appropriate bench will be taking up.
Noent don't get an advanced information. We see the files come back is a parted matter and then matter gets adjourned.
>> We have not taken determining this case.
>> No, that's okay. Make a mention before the bench.
>> Okay.
>> Bench will take it up as per its convenience >> because >> the bench which is taking up will take up as it is convenience. I can't direct the bench to take up on a particular day.
>> Yes.
I can bind myself but I can't give a direction to the another bench to take up another >> not really then maybe fixed after in a fixed date after two weeks.
>> I'm not doing it >> because it was last week.
>> You can always make a mention before the bench.
>> Yes, >> make a mention. We will not direct the other bench to take up on a particular day.
>> We are not fixing a date. You have heard us.
If you want want it to be heard, you start your argument today. Now you can't dictate the god do this do that it was a fixed matter. You know knew that it is a parted matter yet you are taking an adjournment.
Why make us read the files?
Why make the registry constitute a bench then and we say it when we say it harshly then you'll go back and then say that the court was not kind enough to make to say what do you call to say it politely you don't deserve a politeness you could have told us yesterday that on a circulation that don't read the files you don't have that much of >> and then you exist for without will the court master dictate me take up the matter and do not take up a matter you don't have that much of KY item number two we have calculated agendment Item number >> item number two here the aring council is not available since okay the prayer made by the prayer matter Dr. I'm oblig item number one for participy.
Why? Question at 2:00 if it's possible.
>> H >> at 2:00 >> 2:00 we won't have this bench.
>> She has a few items open >> only a few items. It's constru only for this matter.
>> Gosh, this five or six matters. We don't have any other parted or matters tied up with us.
>> First up, it will be difficult.
>> No, then we dispose it off because it can't happen like that. Every time it can't be adjuned parted matters we find it very difficult to adjust but we have difficulties also right now >> please try to understand if it is parted we carry with it a lot of luggage with us we are not a free mind then we can't help it not a drop of the hat We'll wait for some time. It doesn't come then we start the >> four orders.
Item three >> lordship we were just discussing it's not easy that's right not easy the other day we were in justice's court even supreme court has now started sometimes having 100 plus matters and he I I I there was a sense déjà vu between what you are saying and what we heard in that court at times we can't >> in some of the courts here also in Goati in Delhi also now it's becoming that if the senior is not available you argue unless there's a priority >> you see the difficulty of us is that once it is parted we have to carry some luggage here No, it's a lot of baggage. I said we also asked for pardon.
Yesterday I asked before a judge. He said no no I'm not. No, >> we don't carry this baggage further to the next roster.
>> Always have to keep the notes ready. So reconnect from where you have stopped carriages you have some difficulties.
So therefore that's why we that's why we were just saying that sense of déjà vu recently we'll just seen something in the supreme court and my friend also had to guide me no this time you're on the other side if I may lordship it's a short point lordship passed the judgment in that judgment lordship passed certain directions in par 140 those directions the state has implemented some people have take taken the challenge to the supreme Supreme Court which is being heard in August I think the next date is some have uh filed a review lordship has already issued notice also in one review petition uh of course that is on a larger now let me come to the state ours is an extremely limited and narrow review since we are hearing all the matters uh the respond the respondent has not appeared you give a notice to the other side we've done It's re it's coming first time lordship.
>> No no no but in an appeal it's an extension of the petition.
>> It's a review lordship.
>> That's what I'm saying. Review is an extension of the of the petition. So order three u permits three four I think it permits the lawyer to appear in the matter in review.
But if if I may just only lordship may issue notice and they can of course uh respond ours is and just I'll take no more than 30 seconds. I don't want to burden lordship and leadership's board today.
Our point is limited only to one thing par 6768 because the statutory rules were never under challenge and our concern is that because there are findings on the statutory rules they have a cascading effect. There is no other review in our sense.
So so to the limited point of the statutory par 6768 and lordship actually has upheld the statutory rules in par 55 also condition.
>> Yeah. So lordship had actually introduced three conditions in par 67 in terms of it. Those conditions according to us are beyond the statuto rules and the statutory rules have never been charged. They have that's the crux. So if lordship issues notice there are in fact each what we have not filed all of them. We have filed a review in each one of the five services. Exactly.
>> Six services. This is excised like that.
So if today once lordship notice is issued then the others will get tagged and whenever lordship hears it we can hear it at that time >> in in APS lordship has passed an order lordship on 19326 review >> in review lordship that is in review petition 41 of 26 palavi sharma >> okay >> Mr. DK mission had argued it but Mr. assisted by Minister of course addition senior government advocate Mr. map and then sponsor council. Next.
This interview petition is directed against.
The an order did 20 25. Present in order 200 2025 passed by by this court in WA 335 of 2023 in respect of part of the order which is contained in paragraph 67 and 68 of said judgment and order.
Next in the issue involved from the court is inclined to issue notice returnable >> on what is the last in that in that case >> there's no last date but we can share with lordship the order is 193 it doesn't have a date it doesn't have a date >> okay returnable give a date after 4 weeks after vacation uh returnable on so and so the shall take steps within two days for service of notice on the to the >> to the council respondent by speed post in addition uh copy of the memo of PE with inclusions be also served on the learn council who was appearing for the respondent in WA 33503 and I'll be acknowled for the main street next July sometimes August whenever >> 17th July that's an important date in my family my father's birthday so I can't forget that date >> not that day It's okay.
>> 20 is wonderful. Grateful. Now, Lordship, while I leave on a complete nonsublish in this, let me lighten the mood. And recently, Lord Ship, I have a rock band of my own.
>> Is it?
>> Yes, Lord. I'm the lead singer of that.
It's an old college fancy that three years ago I started.
>> I I don't know. The problem is that now sitting here we can't ask for a what you call complimentary card and not I can't seek your mobile number either.
It is it has gone viral yesterday. In fact, it has got Republic TV has carried it and times now here Northeast Life carried it. Prague news carried it along become like mega viral. So people have not used to seeing the other hat of mine carrying the hat of but someday lordship maybe in Goati we perform we'll have the pleasure of lordship and vo.
>> Yes. Yes. Yeah, that will be wonderful to have uh to to see the talent.
>> Of course, the bar would be of a different nature.
You know that lordship the good old phrase one of the doins um he was then the ag said now that uh without uh what is the path I will sh that quote I'll write it on the paper and leave it. It's a very very famous quote that uh with regard to the path and uh the bench so I'll write it down.
In fact the other day we were quoting it in court and having a little justice court of Delhi Kai court had reminded us of it ungrateful lordship would like to tag it also both the matters together that's review not now because then what happens different rules >> for service no not that once the service is not complete every matter gets delayed once it is tagged. So let the service be complete and then we'll tag it. We are there Lord your priority.
>> Yes Mr. N you can begin your side.
So that is the only matter we have now.
But actually on last occasion I concluded my argument and thereafter he produced certain documents in last order.
>> Just just give give us few minutes.
>> Yes.
Tim being item one.
Just before I go to this Just for Lo ship's last order 26 326 Michael I just rec on 271 commission on 27th 2021 for >> it is his submission on this sheet. Yes.
Yes. Yes.
And he communicated on 28 to the office.
I was put up for >> Yes. 19.
>> Yes.
21.
>> Yes.
Now I my when last time I made my submissions my lord I raised three points. In fact my argument has got three points.
Number one assuming filing of application of BRS filed by me on 20th December 2021 is correct.
Assuming in page number 40 in page number 40 my application for B is correct.
I made submissions my lord there are four judgments of code. In the B application one shall have to mention the period of three months. Four judgments I have given my lord. Justice Dian Bwa, justice, justice, then division bench, dang case another one I have given my lord. Four judgments, five judgments I have given my lord. Period must be given there otherwise this boy divin. Now what there is one judgment by honorable single bench of this honorable court honorable justice Shiman Sha my lord he has referred those judgments but at the end he find that my lord period if you don't mention also automatically for 3 months they'll be arrested they are granted but that is according to me lord shall have decided on these points because five judgments on one side one judgment one side five judgments says my lord no must be mentioned other that that is not at all an application under section 56 C. First point is reference to which letter uh that is letter dated page number 40 dated 20th December 22 21 just let me read this letter. Oh my god, she will find another thing here because my appointing authority is deputy commissioner. If I have to file application for BRS, it has to be appointing authority. Here my entire allegation is by force they came and they have forced me to put signature.
That's why see the heading page now 40.
It is addressed to the treasury officer and to the treasury officer Jul 2021.
Yes. And in the rules my lord 56 appointing authority mean the appropriate authority means the appointing authority my lord in the rules seen last time remember my lord >> just remind us that contains >> yes >> yes yes yes because >> I did not give that and the authorities is when they take up the they they say that you are this is accepted as a famous long that is what this is >> yes but there are those five judges my lord I have to this no it you shall have to give a notice of other it is there is justice gib stated and also justice shashing also justice partner and also division based case and there is a single That's one single genot with me.
That's why I'm not saying my lord lord kindly examine this and pass it judgement because it is not only for me is to come my lord we'll know where do we stand and when I make my submissions next time we'll make a proper submissions and people will get relief accordingly my lord it's not that only lord will hear me and pass jud no whatever is right my lord justice will be my lord that's what immaterial whether I mean my lord one of the citizen will win that's all but lord should right my lord Because I this is number one. Number two is >> 56 >> 56 C. Yes. Yes. And authority means also departing authority here by authority is deputy commissioner. My promotional authority is deputy commissioner and 1 2 and 3 all these things. My lord I put nothing to do with regard is concerned. So there also my lord lash will my lord if your lordship is referring again and again the najmed case if certain 1936 council 80 years back my lord I don't know how those judges they could visualize my lord after 80 years what will happen their judgment still to the previous my lord 80 years back it says if certain things is to be done in a certain way it shall have to be done that way no other way now if the rule 56c provides that it has to be by the appropriate authority my lord who appending authority how come this treasure visa also this is also one mistake second mistake is my lord 3 months notice both of the absent here now let us go to the next page page number 42 my application application original This is the original. Thank you. When I submitted the BS application, I received copy from OJ and in my paragraph page number 103 of the FD page 103 there. I have stated they said no it was not. I said the Ojarika he and me like we sitting here years together I sit together in the office. I know he's in writing and there was no system.
Somebody comes my lord always there's a system they put a signature initially at the beginning there's no ceiling system put in the ceiling it was not there but now they've started after this case now kindly see the original one this is the oj now when I have placed this in page number 10 subsequently they produce the record but they have not denied that second page This is also a very short initial there and now my learned friend my lord Mr. Nak has raised one issue in that paper my lord my name is there but signature is not there is received my lord kindly see the second page my signature is not there but this is my my lord this is not a fine copy this is my own copy this that's what my lord this is my own copy it just let me read once my lord what I've stated in my reply in Negative my lord I have written your opponent denies the sign states that she was forced to sign the application dated 2012 21 for boundary retirement against her will and immediately on the next day 2121 page 103 she submitted the application to the respond for the t officer in requesting him to cancel the mention application for retirement retirement dated 2012 21 which was dy received by concern law on the same day under his own signature It may be mentioned here in that your opponent used to sit in the address and chair of information in the office who used to receive official letters documents on be of the rest of four by putting a short signature and there dispasses the same to the respective addresses.
Now lot of people see my lot is here in page number 89 page page 84 and original handwriting is writing notes sheet it register my note it kind 89 will see that part once let me show you this creates a doubt what happened actually now kindly see page number 84 has seen that see in the There's a third from the bottom third page 84 from the bottom third 20th December 21 has got it. Now kindly see number 2464 this is the number they maintain in the office.
Now next number next number they have shown on 20th December 2021 is 2465.
246 by that loss we will find in page number 89.
This is a type copy and page 89 is 2464 and next page is not very clear but it looks like 2 465 left side because next number is 2 466 then my learn they have typed it in the page number 28. Yes, correct. This is correct. Now lot remember I not have given that last time calendar of 2021 December 21st 22nd 23rd 24th office was open 26th 25th is a Christmas day 26 Saturday 27th was my lord working day all these five days there is no believe that office of this sheet that daily they receive se the same day in the ninth year of support they receive so many documents and all those days there's no documents the reason is very clear the reason is he has seen that one I have submitted on 212 it was received he didn't even know that day what is going to happen to this case he doesn't know he put it in the records maybe made entry they realized oh this is going to create a problem so what they This is what they have made probably that's why there are five dates are missing how can it be my lord five missing the f office such a busy office from their own documents my lord what happened and I have given that calendar also I found in the calendar if I'm not wrong probably my lord my lord now kindly see the another point now >> at times you'll find in my while for 4 days 5 days I don't even receive my any clause except for my account but normally normally in my mobile and our mobile difference I hardly because time to go all these mobiles now I know because I know my discount also what is the time to go all this Now my lord kindly come to p 55 see now another I'm showing they're committed 55 oh no please come to 47 first 47 47 Let me read my note. This is by treasure visa to the to binapani data with on 28th of February 22. Please note down this memo number not only the last number the full number. There's some reason behind why I'm saying so because last time was checked up page number 47 memo number the full number JT my lord tell JT01 >> that you have already made sision >> yes now why I'm saying so why I'm saying stinging of this today last time I was stinging on 829 although I said first part also this number and the deprecation number absolutely same except a that means this this office file originated from the same table otherwise suppose deputy commissioner is sitting in his office treasure officer sitting in another office he moves a file with a particular number it goes to the deputy commissioner he has got other number he's got he puts a number there it comes by >> we don't know because the fact is that in our h at times there's we have this dispatch person so every file which is moved here and there will go to that dispatch >> and dispatch will give a number >> number >> so if it is if it is originates from my secretary he will not give that number he will merely say for example if it is in this code it will say KRS file number two and then sensor and it is dispatch >> assuming that is correct assume is correct even though there's any problem the problem is on 20 oh kindly let me read this content this is dated 20th February with the reference to the subject cited above it is to inform you that the petition for a voluntary retirement submitted by E12021 has been approved by the authority.
Hence you are allowed to go. Who is authority? Who is the memo number? Where is the date? Nothing is mentioned that I have shown my lord in on the day of motion when I moved it my lord. And to stay because of this my lord this one and then now this copy it was copy was not sent to anybody. It given to me only and this me number that is on 28 to 5 22. Now please 55 the MP in order page 55 that is the approval given by the deputy commissioner that is a 9 to 22 page 55 9 to 22 based on the report submitted by the DDO president officer Jad a prayer petition for binat seeking BRS has been approved And that number top is 829A cannot be this cannot be maybe other by this I find difficult to digest cannot because these are the relationship with the entry in the register there interpolation double thing overriting everything is there I'll show once again I've got the original copy which is given to my register and partition I got this one but last time my lord in single page the entire bunch was produced branches that I think this time he has brought this branch photocopy may come get those original copies because remember now see I wrote this copy order by approved now see only copy the treasure officer in all my appointment orders various officials my copies were sent here it was sent to only the officer and kindly see the memo number also that's what I see my approve After this that please part 47 imper 28 this memo number now please come to page number 129 and it starts in page number page number 125 125 the heading is there register of letter issued the heading is 125 there now the relevant page is page number 129 9 and I have given the my clear copy which I have got through RT application my this is the copy first look at this will give better picture to your now 129 page number last it will be last page I think my last page on the left side there's a serial number on the left side 8 25 26 27 28 on the left side Now you can also come to 828 just below that 28 to the date has come in place of number the date has come and ink is different handwriting is different there is a overrating like something my lord something is there then below it is number 829 then just below that 829 a inclus and this looks Like my operating can see with bare eyes it's quite visible my lord now now kindly see interesting thing 9 to 22 now 9 to 22 in page number may come to page number 128 please if deputy commissioner has given approval on 9 to22 2 with memor 28A on that day. See the memo number here 9th top is 9th my lord page 120 top dated is 912 912 then 22 then 22 my lord or 9221 this is if that is so that this is me number would have been here for maybe after 23 days they could have entered here where is it nowhere please repeat again may not get it my lord that next page 829 829A this is number next page last page here 8 129 this would have come serally my lord right my lord now this is that me number 829 29 is by treasure officer 829a if it is on dated 9th February 21 22 please my lord 9th February 22 2.
In that case, this would have entered in the previous page, page 128 in the serial register serial number. See the 9 to 21.
>> So, this 92 you are getting from where?
>> 120 is page number >> 120. Yes. 9.
>> Yes.
922.
>> Yes. 2.
>> On that day has approved page number 5050.
Page number 50. Kindly have just have a look once.
55. Page 5. 55.
This is got Yes. 9 to 22. It should have been in this page. My lord. Assuming my lord on that day the office was very busy. They did not make entry on this date. It could be on 10th 11th 12th 13th 14th 15th. Why in the bottom the left side in place of number they put the date and they put this numbers my y and it's overriting different ink different space is different and there is one border kind and beyond that they my is the reason in the petition I malid in paragraph 28 page 28 my lord the treasure officer by Ojit Sharma so something like Sharma by name I int him he the advocate appeared but he has never held in never my lord is there so the nasim manu case comes my lord the pleing made in the repetition not denied by it will presume it's true correct nothing now in page number 145 Hey, just a moment later.
Yes, my lord.
See one part. Now he has submitted certain documents. Most of these part of this records come to the documents are not part of the records and the repetition of the exile.
Now lot you will find one thing here in this case.
There was some hurry on the part of the respondent authorities because on 20th of February 2022 I was ousted by your new appointment was made. We remember that was my on that day itself selection was made >> and somebody was appointed.
>> Not only a series was there then my post was filled up. Subsequently when I was not paid salary and my one thing after stay was granted I went to the office but they are not giving me the main register to sign although there was a chair and they give me an extra register I used to daily put signature of the extra register there's no doubt about it and that ojar that person he is there my lord I used to read there never me now now my lord all these days march they make the Lawsuit is seen in sitting in single lawyers. My lord in the division when a person retires how many pension cases are filed for pension here in this case also we find 28th goes third 9th somebody appointed 9th all the order passed BS everything done then on 14th or 15th my lord march my everything is come to my account then I didn't read my lord nowadays bank account is linked with the office my lord I remember my lord lord you remember in the old building last stop there when there is salary day my lord there's a long queue now there is no long because salary come from the account my lord there's the reason it came here subsequently wrote to the visa please take the money back but nothing was there my lord there's the reason here all they hurry why not do it quickly and then my lord because of that they force filled up the pool money was given in my account and everything was there my lord now from all these actions lordship will find my lord what does resume my lord because in page number 14445 single judge my can I take the single judge my lord order page number 144 my 1445 my 148 lo okay even sign was saying 922 this is communication was nowhere it is found and the respondent relied on that order and they said Yes is perfect in page 144. In that case my lord my application date at my lord 212 withdrawal time I specifically mention his name in the repetition not by him my lord and there's no entry because there's a gap of five six days not a single entry my lord what does it my lord my lord lord we will presume that my lord on the b of all these facts my lord something is wrong my lord so far this petition is concerned against my lord that's the reason there is a gap in the end table and there's interpolation overriting everything is there my lord then my lord my lord so this interpolation of things my lord page number I just made it so that become easier my didn't my lord whatever I submitted now my lord I've just read it here my lord that's the work my lord nothing so that became easier for my lord to find out my pages otherwise quite big bunches my now my lord if I take the the documents submitted my land my lord my this bunch of papers let me answer on those then I I think basically Page number my is my application. Page number 40.
my lord that this is this cop is my lord my given my understand my lord let me just address on this page number one is page 41 my application. I have already answered that one. My lord, next page is uh page number 47. My lord, the letter addressed to me by the treasure officer.
That is here is page number two. There is page number 47.
Yes, >> I think now page number two in reli my okay so this is what I may address my not nothing is mentioned which is the authority what's the date what's the number nothing is mentioned here next the deputy comm approval that 9th to22 me number 8 to 29 a this is work. My lord, that also I have address already.
My lord, this also compared with the page number 47. My lord, that number my lord the president copy has not given to anybody promotion cop all the authorities director of finance is a compulsory given this is where not a single sent to this new plan. Anyway my lord now so far page number four I want to make my submissions here. Page phone number 456 456. My lord, my lord. The honorable pleas to pass the notice and stay on 3622.
Thereafter the FD was filed by the deputy commission on 22822 months.
I would submit there after my lord the resp 323 respir in deput but in treasures my lord epide it was filed on 25 323 now state notice state 3622 6 4 months my lord there and 3 months here four 7 months after 7 months pass this my lord this my lord file And in the FD my lord page four five six 456 has been my lord and the my lord my submissions my lord those documents are not there at all had there been these documents chronologically would have been mentioned in the register because those letters are outcome of these documents these documents subsequently they have why not constructed these documents why they made that the reason why not it doesn't deal with me number why is the gap head on that immediately all the dates are there numbers are there that's why my according to me my lord is the constructor subsequently my and kindly see now see page number five my galaxy again.
>> Page 456. My lord.
456. Kindly see in page number five.
There is a written there approved and the this see left side kindly see 9 to22 if the 922 was signed on this this document was approved on 9 to22 it would have found place in that register in the sent to the treasure officer you take action accordingly where is it lo is not there it is mentioned on 22 in the one page 129 button why chronology was not mentioned why There reason for that because this is these are office notes on the basis of office not only if a memo is generated then it will be there the memo memo number is what then it catches >> then immediately 9 10 11 12 13 14 whatever but the same me number how will be telling my lord same office same JT05 2021 829 >> but our lordship is satisfied lordship be satisfied my lord I've got my doubt because >> whether we are satisfied or not that pen will say now because how can it be my lord or 20 subsequently the order 209 20 829 is of 20th February >> cannot be memor number cannot cannot become like that my lord it has to be serial number prefix will be there my lord suffix with variant will come later the system this is prefix that is suffix invariant my lord lord is convinced my lord it's all right I put beside This what answer they will give my lord what answer will come my lord because this will tell you with page 129 there is a double marking overriting space is not there in place of number the date has been given in place of date number has been given how why this doubt in the minds of lordship my lord why that's why I say my lord I lift your lordship my lord it's not that I ly this is a food for thought I feel that's the reason otherwise this 29 answers all my questions and page 84.
>> Listen, when you are in the bench, we try to be good. Can you say something?
You said yes. She will speak up and then say this. Yes. No. No. But but there are some variations there. There are some variations. This part my lord we must keep it separately from this part.
Otherwise we cannot develop. System will not develop. It has to be separated my lord. It has to be there. You have to understand this other problem. But till today I have got no problem. My lord, I put a lot of PS I never facing problem.
No, I never why I accept this system. My lord, that's why. Now my lord, please come to page number seven of this Page number seven, 8 9.
These 7 8 9 are not part of the records.
It was never produced before. not en the bit or it doesn't nothing was mentioned in about this orders not part of the record that is what see the date 14322 I get everything next page also page number also I get everything 7 lakhs 56,000 I get everything 17,000 I Then page 9 also 14 through 22 here also I get entire amount not part of the record so hid it has been done my lord purpes daily and from my experience one thing I found my lord because I was in the punch department for four years and honorable justice my lord whenever the patient case I immediately should take the commission they gave me free hand I still remember the moment passing me I said my done I'll do number I took up with the principal secretary why this surprising my surprised to know one thing today let me tell one day one staff didn't come to the office the superintendent went to his room to find out the particular fight I asked for he came to my chamber he told me you know where I found that file is locked in the pension file so many who comes for notice by now from my experience I say official level officer official those are officers my lord will not file a single pension cases I got not a single case who comes grade one grade two grade two and grade three grade three get four mostly come then grade four they come all the patient cases not a single officer I ever seen come to the praying for tension. No, those lower level suffer even after my over my lord he came to me and he told me >> this is exemplary you got without asking this is exemplary service you get without asking >> that's what my lord my lord >> and not a letter of thanks my lord anyway my lord this is what my submission is my lord and another issue my lord in this She my lord he has given one metric certificate page number 21 tell page number 21 or page number 22 certificate you know this argument you're making it I can make it very lucid in a very uh horrible example which I can give you see if somebody for some reason comes and asks me for 100 rupees is I have to go to the ATM, get it and then give it to me to to the uh to the person. So the most dissatisfied person in on earth with me is my family.
Every time I have to go to the AT money and then give it to them and when I when when I was there then that was not an issue. No because there also there nobody said no no no then that was not even required because every time we had something in the so nobody would ask me what they so now there's a difficulty and in this case it is the treasury officer who is making the dispers he has lot of money and making it sign and issuing a pension paper and payment to your home will not be difficult it will be just like I I might be but one thing so far this beh is concerned this is one part and so far in the in the she will find some documents he has brought like a metifer certificate certificate my lord if that issue they have raised now after I took the v are they sleeping all these years in the office why do proceeding against me my lord now once I retire they come forward and say this document that document pass is not there why not to initiate proced against me under rule 9 rules. So this is these arguments my lord doesn't suit in this so my different subject subject my lord so I not mix up with these two my discret that part my that is not the issue my issue is whether rule 56 has been complied with or not you know this background page 89 especially in my office And at last my love yes my lord basically what else will stop me now if there's any query from your lord say my lord I can't answer because from myself I feel my lord And I also feel that day I'll know that in this case I don't have to again I'll go to no I take a b enough my lord from the hospital I got tired one kiss repeat whenever comes I need last night took so much time my lord and then second single b I read after 12:00 and then I could not finish my yes before single single I I said because I also this one that I know I don't know I take a lot if you have to if Mr. H has to say something tomorrow morning give a little note we talking to the instructing council for Mr. math.
>> No >> Correct.
>> Yes.
>> Yes. and council for the uh council appearing on behalf of the learned Mr. Pen for the state is present it is submitted that he's on legship he's on the way he's on the way to the court it's an important matter that goes on um She she prays for some accommodation as the advocate general is additional is not present as this is a partner.
Kumar the court has proceeded to hear the submissions of Mr. M not le senior council assisted by Mr. Sorry for the respondent number one. Respond number one.
>> Yes ma'am.
The Illinois General may submit a brief note of his submissions to the court master by 22 by by 28 by uh sorry by 27 or 27 7 520 6 with a copy to be learned industry instruction consent for the appellent sorry respondent number one judgement Keep God bless.
May it please your lordship. I'd like to mention item number 10 of today's daily list for adjunment. I am appearing on behalf of appentance. So for the app actually uh we have submitted clip taking the concern from the other side yesterday showing the ground that the case report has been lost relating to the file and it needs to be reconstructed your lo so need some time at the for Happy lamp.
Can it be up to four weeks?
>> Highly understood.
Please leave your lordship with the consent of other side. I beg to mention item number 15. Lordship lordship matter may be fixed on June item number 15.
I would like to mention item number 12.
I have also taken content from the other side as of the Lord with the consent of the other side I beg to mention item number five bloodship I'm appearing on behalf of Mr. Item number five, 2011. No, no, Mr. Bi is not keeping well. So, a short date.
>> We don't know no short date. 2011 matters. We can't adjust >> come tomorrow.
We'll pass orders till the matter is called item number six. for the respondent respondent number two expired two weeks ago. So this legal required to be subed.
So two weeks time will be required for filing a petition after getting a death certificate of right. Two weeks ago.
>> Two weeks time.
>> No. When when when respond to time?
>> Uh two weeks ago.
>> Okay.
Your name >> council appearing for the respondent number two permits that the respondent two has expired about two weeks back and she prays for an time to take appropriate steps and to produce the copy of the death certificate. Next par.
The learn council for the appalent shall take note of the note of the submissions that the respondent two has expired and take appropriate steps.
List give after two weeks.
>> I am appearing for two responding respondent numbers.
I am appearing for two.
>> What is the serial number of that in the memo? What is the serial number of that person who has died? Number two number six in item number six for the app is represented. You take note of the submissions and do the info.
>> Item 11 council respondent has been opposition council able to make it physically present.
>> 2017 matters we are not adjourning you can appear online you don't know 2017 matters we are not adjourning this are 8 years old matter you can address us online.
What you may listen the council was physically present. You're not accommodating. We'll call and then we'll see.
Yes. Item one. Oh, no. to be spoken to.
This is item number >> 16 >> 16 >> 16 >> item 16 to be spoken to >> this yesterday we made that calculation >> it was wrong >> the application is within time >> yes we have made that calculation >> no you see >> you have done the calculation we confirmed You see, we'll tell you what has happened.
>> The uh 14124 died. 14124 died. Just a moment.
Yes. 141 uh died.
>> So 90 days 134 >> 134 >> 134.
>> Yes.
>> Yes.
>> And then that is 90 days.
>> 90 >> and then for for 60 days. So 60 days time will be from 144 to 136. Huh? And this application was filed on 66.
>> So settings are file because after a >> already no but then we'll have jurisdiction still we'll have jurisdiction. It is on rejection of that application of that order 21 order 40 rule 1k only on rejection of that application. That application was never there.
delegated them to go for an appeal. Yes, jurisdiction will not come because that application is not dispensed. Look at this does not it is oned but then revision will lie then we'll have the rejection with this application for that is to because 60 days has not expired. We are not on that. Yesterday we reminded him for an appeal.
>> Appeal. Yes. Appeal will lie.
>> Appeal will not lie. See what 41 431k.
>> Yes. Based on rejection of that application then appeal would die and 431k.
43.
an order under rule 9 of order 22 refusing to set a management or special.
>> Yes, that was never there. No. So the application the condolation application can be treated here and then we can proceed with that but then we would have jurisdiction we can't relegated to appeal what said even if the language is not there it is then you understand that but who will have jurisdiction to do that under 227 We will have that jurisdiction or we can send it back to the same court but not in appeal. Yesterday we passed an order to relegating him to go for an appeal.
>> Same same court it will be >> it will go to the same court not to this court will have no judgment because their judicial will come >> only when it is rejected.
>> Yes.
>> That's why so that for that motivation we have listed it today.
same court same polity go to same court and they can and they can treat that application as one and order 43 to 9 and then proceed after the order I can recheck >> and then found that calculation was wrong but has taken yes has taken I was under that note. It has to go to the same court to treat it as an application of the order what 9 and then proceed 22 to 9 and then proceed.
That's we'll pass the office today. Bye.
for admission item one.
Thank you.
Yes, this petition has been filed by the wife to transfer the divorce petition file before the family to sum any distance. Why you want to get it transferred only?
>> The thing is that I am under my parents.
I have no source of income and it's difficult to me to travel to and yes I filed in Kim was I filed a maintenance petition and he appeared that and later become absent and honorable court declared expert in law to pay maintenance of 6,000 rupees and regarding that file review before This will be where is the statement that you are not getting any maintenance has been after filing my petition before before this after filing the test petition.
That criminal petition has been disposed of 120 share has been disposed of >> with what order >> with what order 27 file by the respondent 176 2025 Okay. What do you say?
>> We have already find out in basic context.
>> So far the transfer is concerned the medicinal has failed to show any balance of continuence because the distance is not so far. Apart from that malo the respondent is working at Paris Mal admittedly and it has been also mentioned by them in their application also he has been working at mall. So it is also inconvenient on our part to travel to Malot and so for the tendency of other cases is concerned only one division with respect to balance of convenience when you can come from Arunachan to attend the court at what would be so bad to travel to Sriumi 40 km balance of convenience I leave it to your lordship we have already made our clear that is our case man I leave it to your lordship I for my parents.
>> Admittedly one case is pending my maintenance case. Now revision has been filed by the respondent that is pending before the learn of district.
A KD Sharma KD Sharma council for the uh petitioner also heard Mr. Pasled council appearing for the respondent.
Next by filing this application under section 24 of the CPC comma the petitioner who is the aranged wife of the respondent is seeking transfer of the matri matrimonial proceedings being FC within bracket civil number 475 of 2023 from the court of learned principal judge family court kachar from a signature to the court of learn district judge from Karim.
Next, the prayer court for transfer has been made on the ground that the petitioner is presently residing with her at her parental home and It is projected that she has this ys in her stomach and requires physical intervention.
Therefore, it is difficult to appear before the court of learned to the court of London principal judge.
Next. It is also projected that the petitioner the respondent is appearing at the court of learned judicial ministry.
in the proceedings which has been filed under section 125 CRPC which is registered as Miss 35 of 23.
Next council for the respondent has opposed the application on the ground that the respondent is serving at he's carrying out his business. He's carrying out his business in the state of Aruna Pradesh and it is in it would be inconvenient for him to appear at the court of district judge Kama Sumi next on a consideration of the fact that the distance between the court at Kashar and the silk at Kashar The shi would not be more than 50 kilometers.
In the review of the matter, the court is inclined to accept the contention of the petitioner as uh sufficient cause for transfer of the state material proceedings of FC within packet civil 475 of 2023 from the court of principal judge.
family court to the court of learned district judge kama kim next accordingly it is provided that the petitioner producing a certified copy of the order before the learned principal judge comma family court said learned court shall fix a date of appearance of the parties before the court of learned district from a curing judge and transfer the records and the parties who are represented or shall appear before the transfer court on the date fixed by the principal church family.
Next stands allowed to the extent as indicated above. There shall be no address to cost item two.
>> Yes. Find it by my lord. This is the judgment judgment 912 number 92 by the civil judge dismissed according question. You are the you are the defendant.
>> Yes ma'am.
>> The case is for interest and possession.
>> Yes. Yes.
The question is this only special my surprise and I could not prove myself the main ground. I'll read the issue number two that uh that the person from whom I purchased money they died prior to the sale it and they put the same their death certificate that they have said it has been duty by but that has not been properly discussed by the court below why why in my case my lord that certificate produced were rejected by that special buyer.
>> Give us the date of both the sells.
>> Yes sir.
>> You you both purchase from the same vendor.
>> No original vendor is same. I purchase I said buyer I purchase from the original seller original. They purchase subsequently from they purchase from the department number five.
He appeared by defend number five statement. He stated that he did not share any land to death. Of course, he did not come to come in the witness box and witness he was made defendant by and that is why his statement was not considered but he he was not placed by yes ma'am. I'm giving the number he number please the number 622 of 26 to 82. your uh your >> plenty plentif is 3994.
>> Yes.
That is my sell by 82 purchase 82.
What is it on the second balance? That is 82 53 82 82 >> 82.
This 26 to82 was by whom? Executed by whom?
>> Executed by man chandraas. Who is defend number five?
26 to 82.
>> 82 >> is by promot.
>> Yes by this is plentif.
>> Yes.
I I chandraas number five.
>> Five. Yes.
Your children of 5382 was by whom?
My is my 97.
>> No. 5382 you referred.
>> Yes sir. Yes. 53 two there two set.
These are both by the what do you call the >> plaintiff? Yes. Yes. Yes. And all this but in between so many were there by plaintiff and this all were not so far.
I won my lot.
>> Your is 1394.
>> Yes. Yes.
>> This is from Yes.
>> This is from Who is the vendor?
>> Yes. Vendor is original.
Original owner.
Can you give the name again?
>> Yeah. Lu.
>> Yes.
Lued.
And it Let me just say that and exhibit Ugo and exhibit SH by uh at the time of execution they were not alive by the died in 94 and we also produced the death certificate But there those who are under objection the question is this trying to not properly a serious issue by explain why it has been rejected why their one accepted by them and that is why one of the sub question whether 67 has been properly applied or not it also link to also if at all it can reject No issue number two only one issue number two is 44. How the child could discuss this upon of the evidence of either side appear that dependent did not prove the document exhib what what I did not may exhibit exhibition of the document in evidence does not amount to prove the contents of the exhibit show and go by if that is accepted my then my would have been accepted Goodbye.
Unfortunate I did not counter. I did not counter that is so many cases I found my counter should have been there.
This page is the first order issue number is the page 37 triage under your page 37 and the court is uh >> yes page 55 >> 55 the issue of that is who was the actually that should have been taken a little bit seriously He did not come in the victor box to prove his statement but after he on oath he has submitted written statement stating that he did not sell the land to the plaintiff that >> but he did not come to aduce evidence.
>> Yes. Yes. That I understand.
>> If he did not sell it he would be the owner.
>> Yes. But again it was the dut of the plaintiff also to bring the vendor to group their safety to to group their safety. That is the first he he the first person by the way.
>> I don't know you see this is that why it is taking me some time to understand.
Yes.
>> You see the what has happened here the plaintiff comes and says that he has purchased the land.
>> Yes sir.
>> He gives the name of the vendor that vendor is made respondent number defendant number four.
>> Yes. Yes. And he said that the defendant number four uh he filed a petition that defendant number four who sold the land.
>> No he said I did not sell the >> no this and the this alone he says that he sold the land but the original deed was with him. Yes.
>> And therefore he proves the he proves this >> from here we don't find anything that this the secondary evidence was allowed.
>> Now the defendant number four comes and gives a statement that his uh he did not sell the land.
>> Yes sir.
>> But he did not come forward.
>> Yes he did not come forward. Now so far as the uh titling is concerned if somebody claims on the basis of title and demonstrates a sale >> yes >> and you take a plea that it was a forgery >> yes >> the burden will be on whom >> yes I understand they have also tak forgery on the same issue by >> but there's no counter claim >> yes that is unfortunate part that so many case I found should have been there counter claim but even that it is the duty of the plaintiff also to prove his and to cancel my he has to prove my section 67 of course he has done my but here >> you see you took the plea that wenders that was a forgery he did not sell it >> yes yes >> but that would be a burden on you not the >> yes of course but but the plaintiff file the he to prove even even don't even I don't prove ballot he used to prove >> he prove the what you call the certificate copy of the It gives a reason >> why the original was not there. This is a certified copy.
>> Yes.
>> And that was never disputed.
>> Yes.
>> In the in this order we don't find anything from which in the cross- examination of the PW1.
>> Yes. anything could be uh his evidence could have been found to be inconsistent that that we are not getting >> that that is issue number that is issue number three issue number three issue number two and three is important my lord in the US judgment issue 13 line 94 is false that is your >> yes my also got the document my but those are under objection not considered by the court now why no not considered that has not been explained that is also important >> because the fact that When circumstances no expired by prior to that how they can come by they are saying they died prior to 94 those did not for These respect is also maybe it's a tight case because some >> but then every point you are arguing is a question of fact not question of law.
So question the finding comes to a certain goes to a certain that state that it can it can it can alter the finding and that that it may lead to also can be a ground fority question I've taken that question also I pray but these But you see this that won't become a substantive question of law is see first judgment.
>> Yes sir.
This is an issue my lord.
>> See the grounds you have taken at page 16 that is >> yes that is absent.
One more thing I just like to point it out.
to minor 5 years. Subsequently that those things are also very important in this case.
They came to know these are the minor how we can occupy our land. Then they went in 2000 after 3 years.
And that is why order 32 rule 3 was taken in the first code before the first ability.
Who who are the minor persons?
>> Yeah. Again, initially they file the school against minor person after years.
Yes.
After 2000 they have subsided by it.
Yes.
When the order refuses the judgment also probably because see the original page 16 from which I have typed it >> page 16. This page 16 of my memory that is handwritten down below my substituted reference though they were minor one was born on 4694 and other was born in 1990 only in 2000 uh the uh they have amended by 318,000 they have amended This should help you.
Of course, they say come to order 32.
>> Yes. Order 32 is also there.
>> Rule two.
>> Yes.
>> Where a suit is instated by or on behalf of a minor without the neck. But even this uh uh even in that page you are referring to it when you didn't copy so and so so and so but after that they of course I'm admitting they number three was included next time applied to have the plane taken off the fire.
The cost to be paid by the notice covered up actually covered up this question of law.
>> Yes. The substance question low sub question already answered probably that may not come. First one is the sub question as to whether the respondent had lawy so and so through which they claims the right title of the suit that required under section 67 evidence act.
Next one.
SD number exuded in favor of the append.
This is also an important point. I may not count my lord. But you have declared myself in illegal myth that death certificate also I have also put the death certificate maybe and next one third one question whether the trial suffers from your think then this and this can be at Otherwise I'll leave a little bit to lossy. I'll cut you reading this sub question of number one.
The second appeal there is a substantial question of law whether they have lawfully proved such claims as required under section 67.
>> Now 67 of the act I think that is by proving the original and the signature.
>> Yes. Yes. Signature and handwriting also.
You say that it is forced.
>> Yeah, I said of course I did not make it there before you see those.
>> Now this I'm just asking myself.
>> Yes.
>> If a purchases a plot of land this sale was in 82 >> 82 >> and the suit was filed in >> 908.
>> Yes. Yes. So she was by uh 98.
>> 98.
>> Yes. So therefore for around 16 years >> 16 years the purchaser will have to keep a track of the vendor where is there where is not and then bring him when this comes. Now the question is if if they have taken a plea before the trial court that it was not there yesterday what is the order pass in the whether there was an application allowing them to give secondary evidence and if >> that is not in the judgment that >> no that will never be here in the order sheet. Yes, it has been >> but that has not been brought on record.
This was never this was never allowed.
The nature of evidence is not before us.
Ah yes that is but some indication could have been there in the judgments.
>> No not required if you have already allowed secondary evidence.
>> Yes already allowed the right people >> burden this order. Yes, that will be the regular court. At >> best if you want to press this, you have to bring it on record to show that this this was not done.
>> Yes. Yes. Yes.
>> Otherwise, we are not finding any question of law.
>> Yes.
fact that is the you can just adjust it to enable you to see if there's anything contradictory in the record >> the record I can see from the record will be there from the record >> yes your the conducting will be able to tell how this secretary Because you see there is whe because it has to be there because there is something in the in this uh record which shows that this this P was taken come to is 35.
P5.
>> Now the plea taken here is that the ordinance held it has been in position of the sidas.
>> Yes. who left the village and his wherever is not known to the plaintiff.
>> Correct?
>> That is your vendor.
>> Yes sir.
>> Is your vendor?
>> Yes ma'am.
>> Now please come to this judgment >> of the tri court.
because he has been made by Lord.
>> You understand? But still you look at me. till you look at me. And now Page 45.
Yes.
>> Third paragraph.
>> Third paragraph.
>> Exhibit two. Fourth line. Exhibit two.
First it says exhibit one is the sale 6226 to 82.
>> Exhibit one shows that the promotional last sold the land measure so and so from so and so delivered position.
Exhibit two is registered salary dated 26th to 1982.
Exhibit two shows sold land to plaintive number one and delivered position.
>> Yes. Yes.
>> In order to exhibit one and exeive examin who is the witness to exhibit one and two plenty examined five who did writer >> and one so and so. Therefore 67 are duly complied with >> except yes. Yes. Otherwise >> the vendor is not so done. So therefore you don't find a substantive question of the idea >> because in this part exhibit one and two >> it says exhibit 1 and two >> but come to the next paragraph 7 to 11 is proved by reading secondary evidence.
So the court is conscious of what it is doing. This has to be the original exhibit.
>> There should have been order probably there.
That's why >> there would not be an order. That's what they say because the exhibit one and two are original.
>> Original connecting documents are certified >> and connecting documents are certified copy. Therefore the trial court is conscious of the fact that when it is dealing with the original exhibit, it is writing exhibit and when they are dealing with secondary evidence, it is writing secondary evidence.
All right. My part is may not be all right because my is rejected there cannot be three.
>> We'll take it up after we take it up after a week. We'll find it out.
>> No, I'll try to find out something.
I understand my I've gone through the record. I have to see the evidence.
Evidence are very difficult to read actually. I'll try on the prayer med for the list the matter again on after 7 days.
Tell us the date you have a date.
The second third supplemented item any for hearing item three.
Yes.
This is appeal against the fighting of the cooks.
The point involved is very sort by one.
Just just originally land was owned by one.
He had six sons and the land measuring six and one is the property of the other the land was mutated in the name of Ali of the Yes. one of the son of Ali. When the other brothers objected, the alien parted with the land to some of the brothers and the two sons namely Mumage and Abdul Majid. Abdul Abdul such they sold the land to You are the defendants. Yes.
Family defendant member.
All one. All defendants.
Okay. Good.
Yes. All dependence and the principle depend.
Okay. Principal dependence 1 to 10 to 10.
So land was sold to uh given to two persons Usman Ali and Manta Ali.
Okay to possession of the share of the land received by the plaintiffs brothers.
But according to there was also a partition earlier.
Yes, there's a partition but there were some disputes among the brothers among the sons of Ali.
Then my lord the Ali Hussein gifted some land to the other brothers and and relinquished uh relinquish this B land in favor of appalance in favor of andali.
by number 1143 of 1970.
>> Is the plaintiff disputed?
>> Yes.
>> This is what is plenty disputing?
>> Yes.
>> Yes.
The initially the tri dismissed the suit.
Then there was an appeal before the appalate court and appalate court reminded the matter to the trial court to examine the alusine and his impression is to be examined by the after a month the alien was examined but before taking the died. Therefore, death part was in our submission is this though the died was there in the reinishment >> and in the evidence >> as well as in the evidence. Therefore, the court has to send the relinquishment and is he put the signature in the evidence.
If these two are telling then I have a case to page 12.
Just a moment.
This Abdul Majid was examined after the Yes. Yes.
>> Are you saying?
>> Yes.
deed of relinquishment is by uh by you say on which date uh date 281 1970 281 197 1970. Yes.
Her date number is 143.
1143. Yes.
and your CD is exhibit number I mean we are relying on the we are occupying the we are the mass we are occup we are claiming the land under the deed replacement >> underment.
Yes.
>> There's a deed here in the record which is exhibit three.
What is this? Exhibit three.
Exhibit three is the power of the plaintiff in favor of Chandia.
Something appears to be wrong.
We send you the records. You will show it to you.
This power of attorney according to your exhibit 3 is by whom?
Power of attorney of different of the plaintiff.
Name uh name. Can you give me the name?
Neighbor was Turn me on. Yes.
Ali something is wrong. The exhibit is signed by Ali Hussein.
Exhibit.
Exhibit 3 signed by Hussein.
And though I'm not an expert, but this He's Still this Nice.
Mr. Sh three documents.
This exhibit 3 is there.
First flag is exhibit three.
Yeah, >> correct. Now this is by Ali Hussein. He has signed it. Come to the back page.
Just mark the thumb impression in the middle.
>> Yes.
>> Correct.
>> Yes.
>> It's a big thumb impression.
>> Yes.
>> And you will find the contours of the thumb impression is moving towards the uh right the middle part >> the bell.
>> Correct.
>> Yeah. Now see the next one.
No, no. This second and he can again sign.
>> He can sign.
And given the back page and he put his >> but the when these documents are exhibited there's nothing on record to show that any uh any objection as to the admissibility was taken because this witness was He was not accosted with this thumb impression and asked as ask questions.
Uh now please come to that third flag.
Yes, this is we can't find out from this. It's not very clearly taken.
>> Yes.
>> Next page also same. I could not track it. photos are not very easily available. But this the the document this cross exam this examination by commissioner does not say that any question was asked to him on that But the theme matches that's why I showed you this first and second is Third I can't say >> this first is same almost similar >> yes whether this matches with the other one third one we don't can't say not very clear noting that this question if it's not there it may not be a substantive question of law to be answered So that would be a finding of fact.
Your your submission is that the signature was there should have been sent for forensic examination.
That would amount to uh the if that is allowed that it could be the evidence to be brought at the second stage.
If you have foundational facts here actually it should go to the expert because we are not the expert.
>> No, we are we are not saying that we are expert. That's why when I gave you that record we said that I'm not an expert but the fact is that if this question fun the foundational facts are not mentioned in the trial court raising the question in a second court can that be answered?
It is the evidence of >> Yes, it's in the third fact which we gave you. It is in the third pack which he gave you.
of the two measure 75.
Okay.
Where did you read that?
Pass it on your We play in front of Yes.
Okay, we'll continue at The plaintiff the plaintiff is embarrassed.
Uh six of the plate.
Everyone the plaintiff never exhibited a dingishment of title in no number one on courtship 1970 was not exhibited by the plaintiff nor does he know anything about that. They said it was totally false one. The defendant cannot acquire any title of the land the basis of the such spons the plaintiff against the defendant that this is a manufactured document.
Ales to prove that I have committed fraud in executing these two documents as you as you pointed out the power of attorney and The these two this it is very clear these two are safe accept the evidence according of evidence because at that time there was about 100 years and moreover the plaintiff did not any evidence in the trial court.
No evidence was his evidence was recorded after by the court.
I am reading a one paragraph of evidence of DW1 who is further What's that?
EW1 is the son of in paragraph number five in three of the Foreign speech. Foreign speech. Foreign speech.
Police expert.
I think the first opportunity of therefore the Second seal and pres it is a false case.
the appellet courting the case while remaining the case it is reflected in page 12 of the appellet court was Perfect.
Please judgement. It may be mentioned here that the learned affilate court while remanding the case giving direction to the trial court to examine Alien to bring the version on record in respect of exhibit C the deep number so and so and gave a direction to examine the time impression of the by FSL.
It appears probably recorded in compliance with the order of the court.
Are you saying was examined and commissioned page 12?
It may be mentioned here number three.
Yes, >> it may be mentioned here that the landed court while revolving the case gave direction to the tri code to examine the are to bring the version on record in respect of exhibit car the deep number so and so and give direction to examine the termination of als by official.
It appears that the record in compiance of the order of the court Alen was examined at commission as he was at he was it at the relevant time. The report was submitted by the commission. The defendant has paid for examination of this time.
If he died, these two documents are there. One is power of attorney.
These the these two documents can send to the expert whether they are the same person or not. Whether the fraud is committed or not as evidence be the reason is that Whatever pass on the street for the sending it for examination application for Additional evidence is not there application to send the two to the generating like FSL.
The B is the B is on the plate to prove that the impression is false and fraudulently obtained and it is not the impression of And to that mable Supreme Court 206 paragraph Thank you.
What?
that we file a formal petition.
Yes. The power never came through.
What is his husband? That is the dependence also called examination of alio.
But by this time Next is both 15 as you said but so and so already is not there >> but the court order is there is not necessary to file but the No examined in the child application for sending for exam.
>> Yes. But that for the papers to the forensics as direction of the app. Therefore there is no necessity to find separate. You not told me that the first order is Huh?
I got a picture of somebody.
Wait, we're The idea is appeal number six of 2005.
page 12.
>> Yes. Yes.
Also give directions and present by I think I have Yes, I regarding paragraph 1963.
There is another aspect of the matter which should be bought in a distinction between the burden approach of proof.
The right to begin followers.
It assumes that the importance of the idea is of the case. The question of honor for proof is greater where the question which a party is to begin. B of proof is used in three ways.
to indicate the duty of bringing forward the evidence in support of the provisions of bringing all to make and establish a proposition as against all the counter evidence. Three in indiscriminate use of in which it may be either or both. The elementary rule of section 101 is inflexible.
In terms of section 102, the initial owners is always in the plaintiff. And if he and if the in the charge of the owners and make out a case in which entitles him to a relief the ownership to the defendant to prove those circumstances We should definite the plenty for the in this case the owners that this document is because on exhibition of the deed of now it is 56 and we are in opposition to that.
What are you doing?
making the submissions.
If you can please come to the the memory of this case and that whatever I also Understand this point when I am preparing the case I also therefore I make a additional substantial question That's But in technical item while it is admitted time to raise at the time of this admitted on 27 2011.
>> Yes.
>> The appalate may raise any other substantial question of law at the time of her This is probably next the Sorry 75 granted liberty to the race any other context.
It is to be as I question of law as to whether on a field or product as by the plaintiff in execution and registration of exhibit for the trans to the defendants to approve exception of this big that the against the initial present and degree by the trans and a was The first matter of record number 148 197 and also to directly examine the thumb impression by reference to next. By reference to paragraph speaking of the 217 asked by the governor of in 2019. Thank you.
Well, have you seen the for the function was placed and for examination coming.
I think one of the followers are The computation was available in the exhibit for exhibit B and evidence and evidence.
Which do exhibit three and exhibit exhibit three exhibit call and evidence?
>> Exhibit three, exhibit call evidence.
>> Yes, these are the two documents. One is power of attorney and one is data relinquishment.
It didn't power 3.
as well as indeed.
In the example of the SP5, it was done by the comm on Second 17 to accept these officials.
for the subc.
So satisfied that is involved in this case as the context are represented of the names of the pixel.
I'm considering that the listed at the bottom of the Pakistan is not That's okay.
Take this back.
It's good that you thought of it as it could have been from that factor.
item 140.
timing.
Item 17.
Yes.
I have started my law. Actually what happened? A decree was cast. We are my lord. We were not made party there. So this was decided and the decree was passed and at the time of execution my lord we came to know about the decree and ultimately my lord we have filed an application under order 21 r 99 and that application initially it was rejected thereafter we filed a title appeal lot and title appeal the matter was remanded And thereafter that petition was registered as Mij case number 29 of 19. And that midJ case 29 of 19 was also rejected and thereafter we filed a title appealment.
That title appeal was also rejected and now I am before your worship.
Yeah.
Nothing.
My lord, your lordship 12, 2024 that midday case was dismissed.
I'm giving this order through your lost.
Unfortunately, I could not with this memory of They did not uh the decree holder opposite party did not prepare any did not uh examined any witness.
How are they file objection against our petition? Now your law ship in the midJ case the petitioner that is the appendent before your lawship examine four witnesses four PWS your lawyer would be pleased to look into art page of the judgment that I have given 1 2 3 4 The petitioners have examined.
>> Yes.
>> Petitioners have examined four witnesses who were crossexamined by the OP plenty site.
PW1 Ashogali deposition >> my >> petition means you are the petitioner >> I'm the petitioner petitioners my lord that is myself and my brother the petitioners have examined four witnesses who were crossexamined by op plaintive site PW1 Ashoki depos in his evidence in that both the parties are known to him he used to res reside adjacent to the land for last 10 12 years. He also deposed that originally the land belong to the ancestors of the petitioners and thereafter the petitioners inherited the sin.
The petitioners are in possession of the land and the decreeholder never possessed the land and also illegally mutated his name thereafter converted one portion of the land to period without having right title and interest and position. Here my lord I want to point out one thing that in the plaint my lord in the plaint also the plaintiff did not say that he was in position his case is this that the short land is his land it is converted into his name and he given it to defendants of that sh for cultivation and thereafter they refused to the law.
That was his case. And another case is this my lord. He said that land converted into my name. But if your lordship gi as a whole, there is no source of his title. be purchased or gift or inherited because well property is to obtain either by purchase or by inheritance or by gift.
So that is not available and he did not claim also just he started the started the fact of the case that the land is converted into my name. It is by the petitioners and thereafter petitioners inherited the name and also illegally mutated and converted on portion of the land to the pata without having any right title and possession.
In his cross examination, PW1 stated that he was born in Kuri Huri under Mayan P and used to stay there prior to 50 years and thereafter started residing at Milanpur in his own house 25 years and after that started residing at Haken Namara.
He never state in Mi Muslim Ga he does not know the D and Pa number and quantity of the SH land.
He further stated that the decree holder is a resident of Haka Mara who is residing over government's land.
He was not in possession of the land in cross also that further stated that the decree holder is a resident of Hakamara who is residing over government's land not that he is in possession of the land PW2 PW2 the same facts in his evidence in as deposed by PW1 in his cross examination is stated that in the year 2013 a suit was filed against the father which was decided against his father. So his father was defended in the case but father did not contested the at the time of execution his father filed a petition from 15 to 18 that he persisted and residing over the land decree the land for last 35 years. His father was born in Muavari. PW3 asal deposed in his evidence in seek that original of the never transferred the shootand to anyone.
It is further submitted that the decree holder in collusion with revenue staff mutated his name in the annual pata number 33 and converted three ka 17 lers of land out of two viga one kata three lesser to peroda by creating new numbers in his cross examination PW3 stated that daga number of the decreed land is 2518 and 30 33 respectively. He does not know the of your would be pleased to see the land was not cash land that land was not cash land that somebody will give premium and after premium my land will be converted by the government in the name of somebody but land was originally annual land. So if it is original land that there is existing title of somebody cannot be converted into the name of somebody by paying premium.
So my lord when he was not in possession of the land when there is no source of title how the decree can be obtained and that to my lord our name is in the record if he is properly converted the land then we should be made. He did not technically actually decree it decree. Even the land he could not inherited. He cannot claim any right on the land.
Come to page 13 of your memo 14. 13 23 23 >> last part in order to prove ownership they did not produce any documentary evidence >> petitioner claim that they are owners and possession of the land so that that I admit my document your loy I have annexed with the memo now but Actually, it was not produced before the court.
My humble submission at least I have given oral evidences for oral evidences >> that would be excluded under section 90.
>> Oral evidences. No, now you also will consider that is all right. My there is some uh not proper conducting of the case that document is to be produced before people. But my lord when the plaintiff before your lawyer plenty did not claim anything. He just said that land is converted into my name. How it is converted? That is to be looked into my lord. The courts below my lord had gone wrong.
My lord, a source of title is to be necessary enough to get something.
How the court pass the decriminal and thing is this my lord if we were party then another thing parties were made those who have do not have any right over the land they did not contend the case how the decree how the decree will take our max for that we have to bring from foundational facts entry is only my >> there's a decision of this court which says that it has some value 41 of the land and regulation has got some value >> some value >> now there's an entry and if you say that this entry is My >> burden of proving itself my lord.
All right my lord we did not produce any document and your loss at the latest that is we are confronted with this that document has not brought in has not brought in. He entered his name my lord without any bis. So when your lawy pointed out yes in the zabandi if somebody's name is there it will get some weight no doubt but it is also law that may entering into the name because he must show what I He must show that he has a source. What is his source my lord? Support him my lord.
>> Your argument is perfectly good my lord.
>> But the problem is that if the facts are not there is >> to that extent my lord I humbly submit before that is the mistake that is a legal question.
I engaged an advocate.
He conducted the advocate what he did. My name is my father's name is there in the document. That document is not produced before.
That is that is the problem my lord that I know something of law but problem is this all the civil cases my lord but with limited knowledge my lord I get it I'm not so expert in civil law but always there is conducting mistake and conducting my humble but whether your will examine examine that person that how you get this title my substantial question of law is this enter on the facts and circumstances of the case matter whether any source has been shown by the respondent that he has a title that is that he will be entitlement to the land. Let him answer my guarant oral evidences my lord and by by crossexamining us my lord my that is not diluted that no you you are falsely stated the petitioner did not have a pattern and property there that is not diluted my question is this my entering into the mundi he will get the decree and now your pleas to see by executing the decree if I is there that is there that is there my no to that my lord I want to hly answer before your that is that is review part my lord review part but thing your lawyer will consider under the absence of that if I am thrown away from the and thereafter fight with this revenue level revenue line regarding correction of mutation etc etc because my lord that was that was the st I should challenge but I came to know after obtaining the decree my so now my now your lordship would be pleased to see whether the decree is legally obtain.
Only question my lord how he come to follow.
Let me take this 13 124 13 124 that is not I have forwarded to Yes.
Gurin alias Yeah.
Generally, PW4 generally PW4 PW4 genally PW4 generally deposed there. The original owner of Shootland are Muhammad Lot son of Karan.
My lord. PW1.
My lord is not petitional not generally and was that like this the son of son of original mirror.
We don't say I not petitional deposially was a party in the but he did not contest.
suit was filed in 2013 not petition Amal Ali never transferred the land to anyone.
It is further submitted that decree holder in collusion with revenue.
My lord, my lord.
Regarding what she pointed out to me and it is difficult to remember this and if it is well taught by The advocate concern my lord that this is the number this is the number this land belong to somebody I know even my lord the himself forget the name it is to be taugh it memorized and thereby my lord this evidence will be washed away by the below that is not proper. So my understanding my only question is this my yes we failed my lord we failed to produce document but my lord a decree passed without knowing into the source of obtaining the anti into this how the courts belong.
That is my question. If you please do examine the let them answer how we enter into recognize their part because we are fighting after decree. We are not made.
My is there my lord but I will pray if some vital document is left out my lord then option is under 41 rule 27 otherwise otherwise no option My lord, no way out my lord.
Otherwise what will happen my lord that documentation kept out of record for two litigation in mid case as well as before the title app the advocate did not know this is not fault on the part of the petition this illiterate petition I don't know.
Yes, ma'am.
A person is said to have notice of a fact when he actually knows that fact or a fine but for willful abstension from an enquiry or s which he to have made for gross negligence would have known it entry and therefore it is a requirement to have the search made as to how the entry came a will have that entry >> reference to it. Now in your case what has happened there was a entry made and then thereafter there was a partition and the new pa was created.
Now if this new is created your landolding come down and in this suit when you know that you did not that part is not contested and therefore you see here it says willful abstence but willful absence may not your subject to correction by your case goes like this that plenty was never in possession land was not in possession notice will come when he visit the land when he in possession of the land he's not in possession he is in the record only and ultimately he obtained the decree and going to a then I came to know my it is not that your lash rightly pointed out that notice if that particular person was in possession of the land or that particular person case of the particular person that he has got house there. No, that person claim that I have given the land to somebody else he was cultivating the land.
So they were made and he was never visited the land that I will understand why he is coming here.
So your worship pointed out rightly that I'm to go for revenue record correction.
But here what happened my lord?
Execution after execution my lord my house will be destroyed thereafter revenue.
He was not in position.
He said in my name I given the land I given. He never said that I was ever in possession of the land. Never.
>> Yes. It's there.
>> In fact in the order it is reflected.
Where is the copy of the PL started from page 21 that he is a possessor of the land suit for declaration of plenty right title and interest and recovery of cash position. First line a plot of land measuring three 17 less covered by D number 8 483 new 27 258 old PP number 192 at >> paragraph he has been possessing the schedule >> in the state district is in the subject matter of the shoot detailed description of the shoot land is given in schedule A of the PL >> no come to Paragraphy position.
>> He says that he in our case he not not in position.
>> How you prove it? He he claimed that he is in possession.
What happened? The parties were made party. He had evidence. Nobody came to cross them. How the case was owned.
Somebody was made party not party. They did not contest the case. They got the decree.
You will see the parap as copy it starts from asiopa issued for the year 197475 and same converted into conversion case number so and so and so number and so it start >> in position only position of number 192 now question is this my hemission where he get the That is why you show us that those things have not he not the owner of the land from anybody but see this converted on conversion what order was passed we don't know this order of 2005 >> no that is behind my back that is behind my If somebody may not enter the enter his name in my pattern my lord without my knowledge they will get degree and dispos me.
His basis of this only but my question is this how in the name will enter into the annual by giving premier In defense in your uh application did did the plaintiff come to doc? No >> in your objection filed >> objection objection filed by objection filed by the defendant they did not >> you file objection 21 obj >> in that case did he come for giving evidence >> no m objaming the witness he did not any evidence That is also why your lawyer will consider that to some extent. If you got the decree, you have to substantiate the degree. Decree has been challenged by filing a petition, a legal petition.
He did not prefer to file any give any evidence did not the petitioner before you lost your good chance to ask how you get the land how you get the degree they did not evidence It is understandable my lord if it is the land is a cash him in land my lord for his entry there must be some source either purchase or buy something >> page 63 What is the name?
>> 63.
>> What is the name of this?
>> 1 minute.
That is the plenty.
>> This is the plenty.
>> Yes.
258 number.
So therefore this premium was paid and this man got my humble submission that I am pointed out to your lordship. This is possible in case of hashland but he himself said that in >> 1974 197475 in how premium can be given? We don't know >> means it's a government land.
>> No no no is not government land because my lord is the land till it is it is not renewed.
If it is not renewed then it will be landing and renewed. It is not government.
My humble submission before your lordship land under regulation and wast but land is not wast So my lord by giving premium my lord by giving premium my lord I can if I am in position I'm in position then by giving premium deputy commissioner has no power to record my name getting premium but your ly would be pleased to see it is the part of our land and it is said that some mutation was started now that is that is the thing I pointed out before that it is a complete decree before Second case, in that case, may I pray before your lordship?
What questions I have placed before your lawy?
Let the notice go. Let the notice go and let them come and before admitting you have to admit the appeal and then not the proper way to deal with the second >> reservations in appeal to be admitted or we don't admit it in that case may I pray I have taken consume much time of your maybe some other day let me say Is your go give me some option?
Let me examine further.
This may not be if it is not admitted.
It may not be dismissed today. Let me give some I will not be available. I going to some other day after two after 2nd of June.
Time for both of them.
Let me check 636.
64 should be very large.
14.
requirements.
Bonafide requirements.
Execution is pending and the executing code is pass has passed the order that they not in to pass any order till this code passes order. So exe executing port is not willing to pass any order till this code pass any order. So until and unless this code passes or the lower code will not take up the case.
Okay.
Consent of the both sides.
The next date of listing is fixed accordingly.
No advancement shall be granted on the new listing.
Just four six day because there's another bench right now.
Fixed dates may not be available for all this but in all matters we'll see in dates.
for orders. Item one, the review medicine 6026.
May the Lords Yes, my lord.
Then expert order was challenged by the petitioner. My that was passed the law back to my lord.
Expert order was passed on 105 2018 my lord that was challenged before this honorable court and this honorable court my lord was rejected that petition on the ground of delay the hand of my lord being a preditioner approach honorable supreme court and the supreme court my lord dispose of the predition the direction and exert five my lord at page 85 to file a review petition before this honorable court and accordingly my this review petition has been filed page 85 the honorable supreme court's order.
Yes.
Page 85. Last param last parame last line. A categorical stand is being taken before us that the petitioner was never served proper notice by the tribunal and as such he had no opportunity to challenge the same within a reasonable time. That mean so it seems to us that >> 68 page 68 now >> page 68 >> page 68 77 2018 >> 74 >> 74 maybe four Yes.
>> This is 74 2018.
>> Yes. Yeah. Return after service.
>> Notice return after service. OP absent without any state fixing 184 2018 for appearance.
18 184 2018 OP absent without any state fixing. But notice >> yes notice is my lord. What happened in this case? Notice hard on the petitioner. My lord notice was slapped on my lord uh 173 2018 my lord 17th 3 2018 and my lord just after my lord few days that is 3 days the petitioner was arrested my lord in connection with PS and That's why my lord stopped you at a particular place when you reading supreme court order that was never serve proper notice >> proper say never serve proper notice proper >> notice then you arrested for two different things >> on you have been arrested then you may have a difference for coming out later than giving a statement or somebody could have taken But the report was on the return of the pro was never my lord. interpretation my lord I am going to say my lord that proper notice my lord if I gone through the notice my lord then it is my lord it is mandatory to write in the notice that uh the petitioner the burden is upon the petitioner to prove that he is not a corona that line should be given in the notice but that is missing in the that notice So my lord in that point of view my lord I beg to submit that it was not a proper notice served upon the petition. So my lord I beg that an opportunity may be given to the petitioner my lord to submit his do his documents to prove that he is a citizen of India and my lord it is it is clear my lord the decision my lord uh state of asham versus um mandal mostly mandal my Paragraph. Paragraph 103.
2013 1 GLP page 809 11 page me 860 6.
Paragraph 103.
Paragraph 103.
1 GLT 2013 1 GLT 809 stage versus Muslim Mongol But Mr. Today there is a stipulation in the notice that if you want to prove the allegations is untrue that and that you are a citizen you have to come and prove.
Yes. See that?
He has to prove it. My specific line is should be that burden is burden is my lord. Paragraph 103 Roman Roman 3. My lord, notice shall be issued by the tribunal in the official language of the state also indicating that the burden is on the proceeding to prove that he is an Indian citizen and not a foreigner. That is to be that is to be specifically mentioned my lord and I have gone through some of the notices and other tribals my lord it is specifically mentioned that under section 9 it is your burden to prove that you are not a >> burden not this is expert my lord it is it is in common it is written that if you fail to appear then decide it >> not fail to appear If you want to prove yourself as an Indian petition, I can show you my another notice issued by other Yes.
As your laid out, it is clear. In fact, 1964 rules three.
Yes. Order order 1964.
Order three.
Yes.
Three 64.
My learned senior friend is relying on par 4 but the first one par one 31 m.
The tribunal shall serve on the person to whom the question relates a copy of the main grounds on which he is alleged to be a foreigner and give him an reason of reasonable opportunity of making a representation and producing evidence in support of his case and after considering such an evidence such evidence as may be produced and after hearing such person as may be desired to be heard. The tribunal shall summit the opinion to the officials or authorities suspected specified in this behalf in the order of reference.
That is the first point. The grounds has to be given and reasonable opportunity has to be given.
Now my senior is relying this paraph that cannot be then par for serus notice on the person to whom the question relates that is the proceeding the notice referred in section subsection two shall be served within 10 days on the receipt of the reference of such question by the central government or any authority competent authority. the official ser in English and also in official language of the state indicating that the burden is on the proceeding to prove that he or she is not a good enough that is enough that your lordship has read out the notice is enough at that it's not a preventive detention the my friend is probably relying on as a preventive No no no it is as full this is not as full this is a notice whereby whether by that notice any prejudice has been caused to har notice is just only for giving an information that there is a case pending and if you want to prove it prove it that is the language what is there in the notice if you have want to prove it prove it by yourself.
If I may go through this is purely technical issue authority has to consider and what is there in the higher repetition if I may go through the Thereition.
My ground number four and five may also take take into consideration.
Why not a tax court by giving the demanding the matter clearly to basic number two number as the petitioner was never served proper notice by the tribunal and as sus is not he had no opportunity to select the same within a reasonable time. That being so, it seems to us that petitioners should raise suspectual issue before the high court in a review petition. This is not a factual issue.
This is in fact a legal issue.
Whether not that should contain or not that issue that is not a factor is that is a legal issue which is to be determined. They are not on that. Their main question is main contention there in the court is that notice was not proper. They never serve proper notice by the tribul. That is the point and in this regard my page 30 of this century there are 15 what they have there are what they have during a part of theition part of review 15 the notice of serve upon the petitioner on 7th 2018.
They have clearly stated notice of serve upon the petitioners >> but he could not appear before the tribunal on 7th 2018 as he was in jail.
This is the one of taken in the repetition.
However, it is not the case that was not properly that is the factual aspect whether notice was properly served to him or not the other whether the notice is valid the language of the notice is valid that is a legal question that is not a sexual that is a legal question of law.
That was not the question my understanding that was not a question before.
Yes.
This is order.
So my solution is that mother notice was properly served that aspect there is no dispute.
103.
Roman 3. Roman 3.
Yes.
What happens if you bring law? What happens when you bring law that provision you say the notice has to be served in English or any of the reg?
>> Yes.
Now come to page 11 of the requisition.
>> Yes. Yes. Page 11.
>> Yes. Now it was the duty of the travelers to issue fresh notice in English and language.
Notice in English he will in English and understand Those are those are wonderful taste dictionary.
Okay. is having this.
second for some time.
There is has been 12 days.
So whatever is No name of this one.
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