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2014 DIGILAW 389 (MAD)

V. v. A. Kuberan VS Principal District Judge, Villupuram

2014-02-18

M.VENUGOPAL

body2014
Judgment : M. Venugopal. J.- 1. It comes to be known that Ex.B3, Original Sale Deed dated 16.12.1991 marked in O.S.No.31 of 1992 on the file of the Principal District Munsif Court, Villupuram is not traceable and in this regard, Principal District Judge, Villupuram has addressed a communication to the Registrar General of this Court in A.No.78 of 2010 dated nil.09.2012 in D.No.6775 of 2012 dated 07.09.2012, wherein, he has inter-lia stated as follows: "In Obedience to the High Court's letter 1st cited, I submit that this office has issued directions to the Principal Sub-Judge, Villupuram, the II Additional Sub-Judge, Villupuram and the Principal District Munsif, Villupuram to trace out the unregistered sale deed pertaining to O.S.No.31/1992 and O.S.No.641/1995 on the file of the Additional District Munsif Court, Villupuram. I submit that the unregistered sale deed, dated 16.11.1991 was filed in O.S.No.641/95 on the file of the Additional District Munsif Court, Villupuram and the said suit was disposed of on 30.11.2001, then the first defendant preferred an appeal before the Principal District Court, Villupuram, as A.S.No.109/2002, as against the decree and judgment in O.S.No.641/95 on the file of the Additional District Munsif Court, Villupuram. Then the Appeal Suit was transferred to the Principal Sub-Court, Villupuram and re-numbered as A.S.No.44/2003. The said appeal suit was also disposed of by the I Additional Sub-Judge, Villupuram on 30.04.2004. I further submit that the Principal District Munsif, Villupuram had send for the documents Ex.A1 to A22 in O.S.No.641/95 for marking the said documents in another case in O.S.No.31/92 on the file of the Principal District Munsif Court, Villupuram. The Principal Sub-Judge, Villupuram had sent the documents in Ex.A1 to A22 to the Principal District Munsif Court, Villupuram. The documents were marked as Ex.B3 and Ex.B4 in O.S.No.31/92 on the file of the Principal District Munsif Court, Villupuram and the suit in O.S.No.31/92 was also disposed of on 31.01.2006. I submit that subsequently, a Copy Application No.663/2006 was filed in O.S.No.31/92 on the file of the Principal District Munsif Court, Villupuram to get the copy of Ex.B3 & B4 and the certified copies were prepared and delivered to the concerned. Thereafter, the Original Documents along with the Copy Application are not restored to the original bundle and it was lost. I further submit that a Disciplinary Proceedings was initiated against the staff member who is responsible for missing of the records. Thereafter, the Original Documents along with the Copy Application are not restored to the original bundle and it was lost. I further submit that a Disciplinary Proceedings was initiated against the staff member who is responsible for missing of the records. The II Additional Sub-Judge, Villupuram was appointed as Inquiry Officer and Inquiry Report is pending to be received from the Inquiry Officer. In this connection, I further submit that another suit in O.S.No.55/2006 was filed before the Principal District Court, Villupuram and then on the point of pecuniary jurisdiction, the said suit was transferred from the Principal District Court, Villupuram to the II Additional Sub-Court, Villupuram and it was numbered as O.S.No.168/2010 in the later Court. In the said suit, the certified copies of the documents marked as Ex.B3 & B4 in O.S.No.31/92 on the file of the Principal District Munsif Court, Villupuram was filed as suit documents. I further submit that this office will take expeditious further steps to trace out the missed document and shall submit report in due course. I further submit herewith the copy of the report, dated 07.09.2012 of the Principal Sub-Judge, Villupuram, the report dated 07.09.2012 of the Principal District Munsif, Villupuram, the xeror copy of the certified copy of documents marked as Ex.B3 and B4 in O.S.No.31/92 on the file of the Principal District Munsif Court, Villupuram for favour of kind perusal of the Hon'ble High Court, Madras. I submit this report to the Hon'ble High Court, Madras as called for in the reference 1st cited." 2. Added further, it transpires from the aforesaid communication of the Principal District Judge, Villupuram in A.No.78 of 2010 dated nil-09-2012 in D.No.6775 of 2012 dated 07.09.2012 that Principal District Munsif, Villupuram had sent the documents Exs.A1 to A22 in O.S.No.641 of 1995 for marking the said documents in another case in O.S.No.31 of 1992 on the file of the Principal District Munsif Court, Villupuram. Further, it appears that the Principal Sub-Judge, Villupuram sent the documents in Exs.A1 to A22 to the Principal District Munsif Court, Villupuram and the documents were marked as Exs.B3 and B4 in O.S.No.31 of 1992 on the file of the Principal District Munsif Court, Villupuram and the said suit in O.S.No.31 of 1992 was disposed on 31.01.2006. Further, it appears that the Principal Sub-Judge, Villupuram sent the documents in Exs.A1 to A22 to the Principal District Munsif Court, Villupuram and the documents were marked as Exs.B3 and B4 in O.S.No.31 of 1992 on the file of the Principal District Munsif Court, Villupuram and the said suit in O.S.No.31 of 1992 was disposed on 31.01.2006. Moreover, a Copy Application bearing No.663 of 2006 was filed in O.S.No.31 of 1992 on the file of the Principal District Munsif Court, Villupuram to obtain the copy of Exs.B3 and B4 and that certified copies were prepared and delivered to the concerned. In fact, the Learned Principal District Judge, Villupuram in his letter dated 07.09.2012 had categorically stated that "thereafter the original document along with the copy application are not restored to the original bundle and it was lost". Further, disciplinary proceedings was initiated against the staff member who was responsible for missing of the records. As a matter of fact, the II Additional Sub-Judge, Villupuram was appointed as an Inquiry Officer and Inquiry Report is yet to be received. 3. Indeed, the Learned Principal District Judge, Villupuram in the aforesaid letter dated 07.09.2012 had stated in candid terms that he would take expeditious steps to trace out the missing document in question and submit the report in due course. 4. However in the letter of the Principal Sub-Judge, Villupuram in D.No.2012/2012 dated 07.09.2012 addressed to the Principal District Judge, Villupuram it is mentioned as follows: Honoured Sir, Sub : Records – Records in O.S.No.641/1995 on the file of Addl.District Munsif's Court, Villupuram - Submitted for reference in A.S.No.109/2002 on the file of Principal District Court, Villupuram-Transferred from Principal Sub Court, Villupuram and assigned new No.in A.S.No.44/2003 – Ex.A8 to A14 (Document No.25/92) in O.S.No.641/95-Document particulars – Submitted – Regarding. Ref : 1. Letter of the Hon'ble High Court, Madras in CO.No.299/2012, dated 03.09.2012. 2. Order dated 3.08.2012 in W.P.No.6606/2012 of the Hon'ble High Court, Madras. 3. Official Memorandum of the Principal District Judge, Villupuram in A.No.78/2010, dated 6.9.2012. In obedience to the Official Memorandum 3rd cited, I humbly submit hereunder my remarks in connection with the petition of Thiru.D.Natarajan, Advocate, No.14, Sankara mutt Street, Villupuram. I humbly submit that the document No.25/92 dated 16.12.91 filed in O.S.No.641/95 on the file of Additional District Munsif's Court, Villupuram. The suit was disposed off on 30.11.2001. In obedience to the Official Memorandum 3rd cited, I humbly submit hereunder my remarks in connection with the petition of Thiru.D.Natarajan, Advocate, No.14, Sankara mutt Street, Villupuram. I humbly submit that the document No.25/92 dated 16.12.91 filed in O.S.No.641/95 on the file of Additional District Munsif's Court, Villupuram. The suit was disposed off on 30.11.2001. The 1st defendant preferred appeal in A.S.No.109/2002 on the file of Principal District Court, Villupuram, against the decree and Judgment in O.S.No.641/95. The above said appeal got transferred to Principal Sub Court, Villupuram and renumbered as A.S.No.44/2003 on the file of Principal Sub Court, Villupuram. The said A.S.No.44/2003 was disposed on 30.04.2004 by the I Additional Sub Judge, Villupuram. After that the principal District Munsif, Villupuram is requested to send for the documents Ex.A1 to A22 in O.S.No.641/95 for the marking of the same in O.S.No.31/92 pending before Principal District Munsif's Court, Villupuram in D.No.617/2005 dated 8.7.2005. The documents Ex.A1 to A22 in O.S.No.641/95 sent by Principal Sub Judge, Villupuram in D.No.1623/2005, dated 13.7.2005 to Principal District Munsif's Court, Villupuram. In the mean time, the document Nos.Ex.A1, A8 to A14 marked as Ex.B3 and B4 in O.S.No.31/92 on the file of Principal District Munsif's Court, Villupuram and the same was disposed off 31.1.2006. I further humbly submit that on perusal of records it is found that a Disciplinary Proceedings initiated one Tmt.R.Piramila Devi, Junior Assistant of Principal District Munsif's Court, Villupuram for missing Ex.B3 and B4 in O.S.No.31/92 on the file of Principal District Munsif's Court, Villupuram. The said enquiry still pending before the II Additional Sub Court, Villupuram. The entire trial records in O.S.No.31/92 called for by the inquiry officer, (II Additional Sub Judge, Villupuram) for the purpose of enquiry proceedings. Traced out from the records in O.S.No.31/92, the documents Ex.A15 to A19 and A22 are only available. The missing documents Ex.B3 and B4 in O.S.No.31/92, Ex.A1 and A8 to A14 in O.S.No.641 of 1995, already complied in Copy Application No.663/2006. The said copy application copies also prepared and complied. On perusal of records, it is found that Ex.B3 and B4 along with complied received back by the record section of Principal District Munsif's Court, Villupuram. But the copy application No.663/2006 along with Ex.B3 and B4 in O.S.No.31/1992 (Ex.A1 and A8 to A14 in O.S.No.641 of 1995) on the file of Principal District Munsif's Court, Villupuram not available in the case bundle. But the copy application No.663/2006 along with Ex.B3 and B4 in O.S.No.31/1992 (Ex.A1 and A8 to A14 in O.S.No.641 of 1995) on the file of Principal District Munsif's Court, Villupuram not available in the case bundle. The certified copies of Ex.B3 and B4 are available in O.S.No.168 of 2010 pending before the II Additional Sub Court, Villupuram. With this, I humbly submit my remarks as called in the 3rd reference cited above kindly accepted the same. This is submitted for favour of kind information. Yours faithfully, Sd. (PSJ, Villupuram)." 5. At this juncture, this Court pertinently points out that in R.O.C.No.4121/80/F1 dated 10.09.1989, the Hon'ble High Court has issued a Circular to the Sub-ordinate Judicial Officers stating that the High Court has come across instances where the missing of records not reported to the High Court by the concerned sub-ordinate Courts promptly and that the High Court directs whenever there is any instance of missing of Court records, it should be reported immediately either to the Registrar, High Court, Madras or to the Special Officer, Vigilance Cell, High Court, Madras. In the present case on hand, it is not known as to whether either the Principal District Judge, Villupuram or the Principal Sub Judge, Villupuram has informed the Registrar, High Court, Madras (now the Registrar General, High Court, Madras) or to the Special Officer, Vigilance Cell, High Court, Madras (now Registrar-Vigilance, High Court, Madras) as to the missing of the documents namely, Ex.B3 and B4 in O.S.No.31 of 1992 on the file of the Principal District Munsif Court, Villupuram. 6. Under the aforesaid circumstances, this Court in furtherance of substantial cause of justice, directs the Principal District Judge, Villupuram to state in writing to this Court as to the sequence of steps taken to trace out the missing Ex.B3 viz., Sale Deed dated 16.12.1991 and Ex.B4 (documents) marked in O.S.No.31 of 1992 on the file of Principal District Munsif Court, Villupuram and further to state whether the said document has been traced out and restored among the records, within a period of three weeks from the date of receipt of a copy of this order. 7. 7. Accordingly, this Court to prevent an aberration of justice, directs the Registrar (Judicial), High Court, Madras to obtain a complete, qualitative, quantitative and comprehensive report (together with Inquiry Officer's report) in regard to the missing of documents namely, Ex.B3 and B4 in O.S.No.31 of 1992 on the file of the Principal District Munsif Court, Villupuram from the Principal District Judge, Villupuram within a time adumbrated by this Court and to place the same before this Court with a note, without fail.