Whether court will act on application ?

Raman (Querist) 25 May 2012 This query is : Resolved
If one court for deciding any dispute (between Govt Organisation/Body and Individual) directs Govt Body to produce complete record before the Court .The Govt organisation decline with plea that it has been mixed up with other files and the court orders that it will decide on the basis of avilable pleadings
Kindly inform whether the court can act on filing fresh application made by individual to issue directions to the Govt Body to trace the records?

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Nadeem Qureshi (Expert) 25 May 2012
Dear Raman
if there is any document or file the court may pass an order to produce before ethe court on an application by the party of the suit.
Feel free to call

R.K Nanda

(Expert) 25 May 2012
Yes, court will act on said application and will call the records.

Raman (Querist) 26 May 2012
Sir,
But here the question is court itself suo moto(without any application) has DIRECTED the party to produce the records which they declined.Is there any remedy left by the Applicant which can compel the pARTY TO PRODUCE THE RECORDS

R.K Nanda

(Expert) 26 May 2012
File application as already advised to you.

Chanchal Nag Chowdhury (Expert) 26 May 2012
If a party fails to produce records in spite of the order, the court shall presume that, if the records were produced, they would have been unfavourable to the party & proceed accordingly.

Shonee Kapoor (Expert) 29 May 2012
But the court can always ask for records.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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