M.Y.EQBAL, J. - (1.) THE petitioner, by the instant writ petition has approached this Court with a serious grievance that because of the pendency of Money Suit No. 19 of 1978 in the Court of Subordinate Judge -I, Bokaro, Chas, the substantial amount attached in the said suit together with the security deposit has been withheld and the same has not been released.
(2.) IT appears that in the aforementioned Money Suit No. 19 of 1978, an interlocutory order was passed by the Court below which was challenged before the Patna High Court, Ranchi Bench in Misc. Appeal No. 103 of 1980(R). In the said appeal, Lower Court record was called for and the same was sent by the Subordinate Judge, Dhanbad to this Court on 29.7.1981. The aforesaid Misc. Appeal No. 103 of 1980(R) was disposed of on 30.8.1989 and the Lower Court record of Money Suit No. 19 of 1978 was sent to the Court of Subordinate Judge -II, Dhanbad in 1989 and the same was received at Dhanbad. On 2.1.1990, as per order of the District Judge, Dhanbad, the suit was withdrawn from the Court of Subordinate Judge -II, Dhanbad and transferred to the Court of Subordinate Judge, Chas for disposal. The supplementary record of Money Suit No. 19 of 1978 was received in the Court of Subordinate Judge, Chas, Bokaro. Learned counsel appearing for the petitioner submitted that because of nonavailability of Lower Court record, the suit being Money Suit No. 19 of 1978 is pending in the Court of Subordinate Judge, Chas at Bokaro and the suit is not being disposed of.
(3.) WHEN this writ petition was taken up on 17.2.2005, this Court called the Joint Registrar (Judicial) and directed him to report about the whereabouts of the record of the suit. The Joint Registrar submitted the following report on the same day : - - "It is submitted that M.A. No. 103 of 1980(R) in which the Lower Court Record of Money suit No. 19/1978 was called for from the Court of Sub -Judge -II, Dhanbad, had already been disposed of on 30.8.1989 by Hon ble Mr. Justice B. P. Singh, (now the Hon ble Judge, Supreme Court of India).It is submitted that the Lower Court Record of Money Suit No. 19/1978 alongwith the copy of the judgment dated 30.6.1989 passed in M.A. No. 103 of 1980(R) had already been sent to Sub - Judge -II, Dhanbad by Memo No. 4811 dated 19.11.1989 which can be seen from the office note given on the right margin of order - sheet of the concerned file. It is further submitted that from perusal of Civil Dispatch Volume -II, it appears that Lower Court Record of Money suit No. 19/1978 (called for in M.A. No. 103 of 1980(R) was sent to the Court of Sub -Judge -II, Dhanbad by special messenger. As directed by Your Lordship, the undersigned made a telephone conversation with the Registrar, Civil Court, Dhanbad and the District Judge, Bokaro as well as the Registrar, Civil Court, Bokaro. The learned District Judge, Bokaro has informed the undersigned that Lower Court record of Money Suit No. 19/1978 has not been received there although the part of the record is available in the Bokaro Judgeship. It is submitted that the Registrar, Civil Court, Dhanbad has informed telephonically today i.e. on 17.2.2005 that the Lower Court Record has been traced out in the Record Room in the Judgeship of Dhanbad and the same will be sent to the appropriate Court where the jurisdiction of subject matter lies, if the some order is unreceived in this regard. Under the circumstances, the matter is being placed before Your Lordship for necessary order and guideline in this regard. Submitted for Your Lordship 'skind consideration and necessary orders." ;