C.R.No.757 of 2003 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.757 of 2003 Date of decision : 18.12.2008 Duni Chand ...Petitioner Versus State of Punjab and others ......Respondents CORAM : HON'BLE MR. JUSTICE MAHESH GROVER ..... Present : Mr. P.P.S.Duggal, Advocate for the petitioner. Mr. N.S.Virk, Addl.A.G., Punjab. MAHESH GROVER, J. This revision petition has been filed with a prayer to issue appropriate directions to comply with the order Annexure P-5 passed by this Court within a specified time. The order as contained in Annexure P-5 reads as under :- “This petition was filed for a direction for registration of an F.I.R. It was alleged that the petitioner purchased the land which was being claimed by Amir Chand and to defend his case, petitioner applied for copy of order dated 26.7.1968 when it was found that the relevant pages of the record were missing and the petitioner was unable to get copy of the order. Notice has been issued and reply has been filed C.R.No.757 of 2003 -2- by the respondents. The Civil Judge (Sr.Division), Ferozepur, has stated that the decree-sheet of the case in question was available on the file, though certain documents were missing. Report was sought from the Sessions Judge, Ferozepur, which has also been received wherein it is stated that it is not possible to fix responsibility on a person who is responsible for the missing of relevant documents since at the relevant time the record-room was under the charge of the Deputy Commissioner, Ferozepur. Having regard to the circumstances of the case, no further order is called for. However, the file with all the relevant documents, which are available, may be reconstructed and maintained in accordance with law. A copy of this order be sent to the Sessions Judge, Ferozepur.” Pursuant to that, the order was sent to the Civil Judge (Sr.Division), Ferozepur for compliance. Another communication dated 26.2.2002 was received from the office of the Advocate General which was also forwarded to the Civil Judge (Sr.Division), Ferozepur. Another civil revision was preferred by the petitioner in which this Court vide order dated 20.2.2003 directed the District and Sessions Judge to submit a complete report as to what steps have been taken to reconstruct the record pursuant to the order dated 26.2.2002 (Annexure P-5). Thereafter, the report of the District & Sessions Judge, Ferozepur was received and therein it was noticed that an C.R.No.757 of 2003 -3- inquiry had been separately got conducted wherein the petitioner and other persons were associated who did not produce either of these documents leaving no option with the Enquiry Officer but to conclude that the missing documents could not be reconstructed. The District & Sessions Judge thereafter concluded as follows :- “In view of the circumstances mentioned above, reconstruction of documents is only possible if any of the parties alongwith their counsel or any other person is able to produce copies of documents relevant to the case. During the course of enquiry, nobody produced the copies of documents before the Enquiry Officer. He was not able to reconstruct the missing documents. The Enquiry Officer has already examined the relevant witnesses namely EW1 Duni Chand, EW2 Amir Chand, EW3 Ved Parkash Arora, Advocate, EW-4 Ramesh Kumar Arora, EW-5 Nirmal Singh and EW-6 Devinder Kumar (Copies enclosed). The Enquiry Officer concluded that since the record room was under the control of Deputy Commissioner, Ferozepur, therefore, no responsibility can be fixed. Since no documents was made available by any concerned to the case, inspite of enquiry proceedings, therefore, reconstruction of the documents cannot be done.” In this view of the matter, when the petitioner did not fruitfully associate himself with the enquiry proceedings and also in C.R.No.757 of 2003 -4- view of the report of the District and Sessions Judge, Ferozepur, no further action is called for in the present petition which is dismissed. 18.12.2008 (MAHESH GROVER) JUDGE dss