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Supreme Court of India · body

2005 DIGILAW 1014 (SC)

N. K. NAIR v. KAVANUGAL AANATTU RADHIKA

2005-05-06

D.M.DHARMADHIKARI, G.P.MATHUR, R.C.LAHOTI

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ORDER 1. THE PRAYER FOR TRANSFER IS REFUSED, IN VIEW OF THE STATEMENT MADE IN THE COUNTER-AFFIDAVIT THAT THE SUIT IS AT ITS FINAL STAGE AND THE HEARING MAY BE FINALLY CONCLUDED ON ONE OR TWO DATES OF HEARING. HOWEVER, VIDE PARA 5 OF THE COUNTER AFFIDAVIT IT IS ALSO STATED THAT SUBSEQUENT TO TRANSFER OF THE SUIT FROM THE ORIGINAL SIDE OF THE DELHI HIGH COURT TO THE D1STNCT COURT, THE FILE ITSELF IS NOT TRACEABLE. 2. THE REGISTRAR GENERAL OF THE DELHI HIGH COURT SHALL HOLD AN INQUIRY INTO THE LOSS OF RECORDS. EITHER THE, FILE MAY BE TRACED OUT, OR ELSE THE RECORD SHALL BE RECONSTRUCTED AS PER LAW AND PRACTICE OF THE HIGH COURT IN. THIS REGARD. ONCE THE CASE IS READY FOR TRIAL, IT SHALL BE SO SET DOWN. THE TRIAL COURT SHELL APPOINT A CLEAR DATE FOR HOLDING THE TRIAL AND ON THAT DATE THE EVIDENCE SHALL BE RECORDED SO, THAT THE PARTIES ARE NOT REQUIRED TO COME AGAIN AND AGAIN. AFTER THE EVIDENCE HAS BEEN COMPLETED, THE HEARING SHALL BE EXPEDITIOUSLY CONCLUDED AND JUDGMENT PRONOUNCED. 3. THE TRANSFER PETITION IS DISMISSED.