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2022 DIGILAW 1305 (GAU)

C. Lalrinchhana, S/o Chalngenga, R/o Kawnpui, Kolasib District, Mizoram v. District Collector/Deputy Commissioner, Kolasib District, Kolasib

2022-11-29

MARLI VANKUNG

body2022
JUDGMENT : Heard Ms. Jacinta Zothanmawii, learned counsel for the applicants alongwith Ms. Mary L. Khiangte, learned Government Advocate and Ms. Zairemsangpuii, learned CGC. 2. In the instant I.A filed under Order 41 Rule 27 (1)(aa) of Civil Procedure Code, 1908, the learned counsel for the applicants has prayed to produce some additional documents, which were not produced before the Reference Court in L.A. Case No. 2/2018 before the learned Fast Track Court, Kolasib. She further submits that these documents are very much relevant in coming to a decision with regards to the persons, who are eligible to receive the compensation award in L.A. Award No. 1/2012. 3. The learned counsel for the applicants further submits that the applicants were excluded from receiving the award by the Reference Court, due to the absence of the said documents, which she wishes to produce before the Court today. 4. Ms. Mary L. Khiangte, learned Government Advocate also submits that it could be possible for the Reference Court to come to a different conclusion, if the said documents were made available at the time of consideration of the L.A. Case No. 2/2018. 5. Having heard the submissions made by both the parties, this Court finds that on perusal of the copy of the LCR which was called for by this Court, it appears that the additional documents proposed to be added by the learned counsel for the appellants in the RFA No. 28/2021 were not produced before the Reference Court in L.A. Case No. 2/2018. 6. This Court thus find that it would not be appropriate at this stage to consider the matter afresh by allowing the applicants to file the additional document which were not produced before the Reference Court. Thus this Court find it fit to set aside the impugned Order dated 06.08.2019 and to remand the matter back to the Reference Court for fresh consideration of the case of the applicants by allowing the applicants to produce the documents which they proposed to produce before this Court and thereafter, reconsider the claim of the claimants in L.A. Case No. 2/2018. 7. The applicants are given the liberty to approach this Court again if they are still dissatisfied with any subsequent order passed if so advised. 8. Accordingly, I.A.(Civil) No. 83/2021 alongwith RFA No. 28/2021 stands disposed with the above directions.