Tripura High Court
CIVIL APPEAL 122 of 2010 on 16 May 1998
Party Name : SMTI MINA DAS & ANR Vs HARI NARAYAN DEBNATH & 3 ORS
THE HONBLE MR. JUSTICE S.TALAPATRA
Heard Mr. S. Kar Bhowmik, learned counsel appearing for the appellant-applicants as well asMr. A.L. Saha, learned counsel appearing for the respondents No.1 & 2 and Mr. A. Lodh,learned counsel appearing for the respondent No.3.
This application has been filed for adducing additional evidence, those could not be filed inthe tribunal.
The learned counsel appearing for the respondents have clearly stated that they do nothave any objection if the documents filed with this application are admitted in the evidenceand hence waiving the formal proof, the documents are admitted on admission by therespondents which are as follows:
(1) School certificate dated 16.05.1998 in respect of Bimal Das [Exbt.A/1, 1 sheet]
(2) One certificate dated 21.06.2013 issued by one Manik Kr. Das of Joyram Cabinet, Surjyamaninagar, West Tripura stating that the monthly salary of late Bimal Das [Exbt.A/2,1 sheet].
(3) Form of renewal of license dated 01.07.2010 [Exbt.A/3, original 1 sheet].
(4) Voter Identity Card in respect of Bimal Das [Exbt.A/4, original 1 sheet]
(5) Unique Identification [Adhar Card] in respect of Gouri Das [Exbt.A/5, original 1 sheet].
(6) Unique Identification [Adhar Card] in respect of Puja Das [Exbt.A/6, original 1 sheet].
(7) Unique Identification [Adhar Card] in respect of Sayan Das [Exbt.A/7, original 1 sheet].
(8) Certified copy of the First Information Report of Amtali P.S. case No.122 of 2010[Exbt.A/8 series, 6 sheets].[Exbt.A/8 series, 6 sheets].
(9) Certified copy of the final police report dated 16.02.2011 in respect of Amtali P.S. case No.122 of 2010 [Exbt.A/9 series, 10 sheets].
(10) Certified copy of the post-mortem report bearing No.524/2010 dated 20.08.2010
[Exbt.A/10 series, 1 sheet].
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The Bench Clerk of this Court is directed to return the Voter Identity Card and the AdharCards as accepted by this Court to the appellant after keeping photocopies of thosedocuments and after comparing and certifying those documents.
The additional evidence are accepted and those are to be placed with the records of thetrial court but before that, the Registry shall make photocopies of those documents as wellas the deposition of one Manik Kumar Das as recorded by this court today and shall supplyone set of documents and deposition to Mr. S. Kar Bhowmik, learned counsel appearing forthe appellant-applicants, Mr. A.L. Saha, learned counsel appearing for the respondentsNo.1 & 2 and Mr. A. Lodh, learned counsel appearing for the respondent No.3 and one setwould be placed with the court’s paper book.
Accordingly, this CM. Application stands allowed and disposed of.
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