Rajesh Kumar v. Nandkishore

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 69 of 2018 • Rajesh Kumar S/o Shri Rajkumar Aged About 44 Years Caste Gupta, R/o Village Baloda, Tahsil Janjgir, District Janjgir- Champa, Chhattisgarh., ---- Petitioner

Versus

1. Nandkishore S/o Tularam Aged About 39 Years Caste, Bhardwaj, R/o Village Baloda, Tahsil Janjgir, District Janjgir- Champa, Chhattisgarh.,

2. Smt. Ram Bai, W/o Jamuna Prasad Aged About 58 Years Caste, Kewat, R/o Village Hardibazar, Tahsil And District- Korba, Chhattisgarh

3. Smt. Jagbai W/o Mohitram, Aged About 54 Years Caste Kewat, R/o Village Dhatura (Korbi), Tahsil And District Korba, Chhattisgarh

4. State of Chhattisgarh, Through, Collector Janjgir, District- Janjgir- Champa, Chhattisgarh ---- Respondents For Petitioner :

Shri H.B. Agrawal, Sr. Adv. with Ms. Deepali Dubey, Advocate For Respondent-State :

Shri S.K. Mishra, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 23/01/2018

1. The instant petition is against the order dated 27.11.2017, whereby an application filed under Order 7 Rule 14 (3) read with Section 151 of the CPC has been dismissed.

2. Perusal of the order would show that the Court has recorded the reason that the plaintiff was unable to explain how the document was related to the suit which is pending, since there was no relevancy and necessity was shown in the documents sought to be filed with respect to the land in question.

During the course of arguments having asked as to what is the relevance of the document and as to which property the document is related, petitioners are unable to disclose the same. The petition is as vague as vague it could be.

3. In view of the above, I do not find any reason to exercise the powers vested under Article 227 of the Constitution of India. Accordingly, the petition is dismissed. The petitioner however shall be at liberty to file better constituted petition.

SD/- Goutam Bhaduri Judge Ashu