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Constitutional · Reportable judgment

State of Assam vs Union of India and Ors.

Court
Supreme Court of India
Date
20 July 2018
Case No.
IA No.80789 of 2017 in Original Suit No. 2 of 1988
Result
Disposed
Bench
Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar
Citation
[2018] 6 S.C.R. 593 : 2018 INSC 627
Supreme Court Reports [2018] 6 S.C.R. 593 : 2018 INSC 627
Headnote

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. How ever, 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]

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

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 t
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