Jagamohan Mekap vs Sri Baldev Jew and Others

Mohapatra, J.—This is a civil revision by the Plaintiff u/s 115 of the CPC against an order dated 27th February 1959 of the Munsif of Kendrapara herein the Munsif has allowed privilege u/s 124 of the Indian Evidence Act against bringing the letter dad 23rd February 1959, written by the trustees of Sri Baldeb Jew temple to the Commissioner of Endowments, Orissa. Before any privilege is allowed, the Court must determine whether the corresponded was in official confidence and further the public officer to whom the letter has been addressed, must claim privilege. The learned Munsif has exercised his jurisdiction with material irregularity in having completely ignored these two conditions necessary for granting privilege. The letter by which the Commissioner of Endowments purports to have claimed the privilege has not been signed by the Endowment Commissioner. I may safely take that the privilege has not been claimed by the Commissioner himself. The letter has been signed by one B. Misra, while the letter-head shows "Sri L. Panda Commissioner of Endowments, Orissa", What is more important is that in official confidence. The learned Munsif ought to have read this letter on the basis of which he allowed the privilege. When there was no mention that the correspondence was in official Confidence, the case cannot be brought under the provisions of Section 124 of the Indian Evidence Act, and, as such, the learned Munsif ought to have rejected the privilege claimed. In these circumstances, therefore, the order dated 27th February 1959 is set aside and the Civil Revision is allowed with costs. Hearing fee is assessed at Rs. 50/- (Rupees fifty) only.