STATE OF ASSAM versus UNION OF INDIA AND ORS.

Citation: [2018] 6 S.C.R. 593 · Decided: 20-07-2018 · Supreme Court of India · Bench: DIPAK MISRA · Disposal: Disposed off
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Judgment (excerpt)

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STATE OF ASSAM
v.
UNION OF INDIA AND ORS.
(IA No.80789 of 2017 in Original Suit No. 2 of 1988)
JULY 20, 2018
[DIPAK MISRA, CJI, A.M. KHANWILKAR AND
DR. D.Y. CHANDRACHUD, JJ.]
Code of Civil Procedure, 1908: Order XI r. 14, Order VII
r. 14 – Production of documents-topographical maps – Boundary
dispute between Assam and Nagaland – Production of certified copy
of topo-sheets by a person concerned from Survey of India –
However State of Assam sought production of some more
topographical maps – Objection raised by State of Nagaland that
leave for production of documents had been sought and granted
by this Court and production of additional documents cannot be
granted at the present stage – Held: Documents were not in the
possession of the applicant and the earlier order of this Court will
not preclude the State of Assam from seeking production at this
stage – Production of the documents by the witness for the Survey
of India should be allowed in the interest of justice.
The issue pertains to production of topographical maps in
a boundary dispute between Assam and Nagaland.
Disposing of the Interlocutory Application, the Court
HELD: There is no reason to disallow the production of
the maps. The evidence of PW 9 is being recorded. Production
of the documents by the witness for the Survey of India should
be allowed in the interest of justice. The documents were not in
the possession of the applicant and the earlier order of this Court
will not preclude the State of Assam from seeking production at
this stage. However, it is clarified that the relevance or
admissibility of the documents is not dealt with. It would be open
to the State of Nagaland to raise such objections as it is advised.
[Para 3] [596-B-C]
[2018] 6 S.C.R. 593
593
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SUPREME COURT REPORTS
[2018] 6 S.C.R.
CIVIL ORIGINAL JURISDICTION : Interlocutory Application
No.80789 of 2017 in Original Suit No. 2 of 1988.
Ashok H. Desai, K. N. Balagopal,  Sr. Advs., Manoj Goel,
Shuvodeep Roy. Dasarath Deka, P. Parmeswaran, Mohit D. Ram,
G. Ramakrishna Prasad, Suyodhan Byrapaneni, Mohd. Wasay Khan,
Ms. Filza Moonis, A. P. Mukund, Ms. Nitya Nambiar, Mohinder Saini,
Jitender Saini, Visto Rio, Anil Shrivastav, Rituraj Choudhary, S. Wasim
A. Qadri, Ms. Binu Tamta, Ms. Bharati Tyagi,  B. V. Balram Das,  Advs.
for the appearing parties.
The Judgment of the Court was delivered by
DR. D. Y. CHANDRACHUD, J. 1. The boundary dispute
between  Assam and Nagaland forms the subject matter of the Suit
before this Court.  Recording of the evidence of PW 9 – Md.Shafiqur
Rahman of the Survey of India commenced on 30 January 2017.  During
the course of his examination on 31 January 2017, PW 9 produced certified
copies of 33 Topo-sheets.  In the process of filing the relevant
topographical maps, the State of Assam seeks to cause the production
of some more maps.
2. On 2 July 2015, this Court allowed the production of certain
maps. According to the State of Assam the maps are maintained in the
Head Office of the Survey of India at Dehradun and are not within its
possession or control.  During the course of the examination of PW
9,the State of Assam, by its letters dated 24 February 2017,  7 March
2017 and 6 April 2017 sought the production of certain topographical
maps.  In response to the letter dated 6 April 2017, PW 9 sought to
produce the maps on 18 July 2017.  However, this was objected to by
the State of Nagaland on the ground that since leave for the production
of documents had been sought and was granted by this Court, the witness
cannot be allowed to produce additional documents at the present stage.
It is in view of the objection of Nagaland that the present application has
been filed. The relief which has been sought is the production of the
maps described in paragraph 4 of the application which is extracted
below:
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Order XI Rule 14 of the Code of Civil Procedure provides thus:
“14. Production of documents— It shall be lawful for the Court,
at any time during the pendency of any suit, to order the production
by any party thereto, upon oath of such of the documents in his
possession or power, relating to any matter in question in such
suit, as the Court shall think right; and the Court may deal with
such documents, when produced, in such manner as shall appear
just.”
Order VII Rule 14 provides thus:
“Production of document on which plaintiff sues or relies
(1) Where a plaintiff sues upon a document or relies upon
document in his po
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