Document Fragment View

Matching Fragments

12. It has also been submitted by the revisionist-plaintiff that the opposite parties had committed theft of 8 documents from the record of Original S.C.C. Suit No. 16 of 1980 and the opposite parties accepted the fact that the revisionist plaintiff had moved application before the court below under Rule 216 of the General Rule (Civil) Vol.-l, for Civil Court Subordinate to the High Court of Judicature at Allahabad after giving information to them praying therein that the review petition be decided only after disposal of the matter relating to stolen and loss of documents, but despite that the opposite parties without letting the theft matter disposed of pressed the court below to dismiss the review petition. From the record it is evident that the matter relating to missing of papers was referred to this Court by the District Judge, Moradabad, as per his order dated 16.9.2002, passed in Misc. Case No. 251 of 2002 whereby the court below had opined that the theft matter of 8 documents missing from the record of Original S.C.C, Suit No. 16 of 1980 was to be disposed of by the Hon'ble High Court as the matter was pending before it. The petitioner has stated that they were very important documents and most important of them were the original statement of the opposite parties wherein they had admitted their default in depositing the dues and had accepted the demand notice as valid and the order dated 5.2.1985, passed by learned 1st Additional District Judge in Civil Revision No. 203 of 1984 wherein the tenant was declared defaulter in terms of the notice dated 16.3.1979 of the landlord plaintiff.