Arun Kumar Gupta v. Madan Lal Gupta

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No. 212 of 2019 Arun Kumar Gupta, S/o Late Mohanlal Gupta, Aged about 47 years, Resident of Akash Bhojnalaya, Village - Urla, Ward No. 14, P.S. Abhanpur, Tehsil -Abhanpur, District - Raipur, Chhattisgarh.

----Petitioner/plaintiff

Versus

1. Madanlal Gupta, S/o Late Lakhanlal Gupta, aged about 57 years, Resident of Ashirwad complex, Village - Urla, Raipur Road, Abhanpur, District - Raipur, Chhattisgarh.

2. State of Chhattisgarh, through Collector, Raipur ---- Respondents For Petitioner : Mr. Abhishek Vinod Deshmukh, Advocate. For Respondent No.2/State : Mr. R.K. Jaiswal, PL Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 19/03/2019 (1) By the impugned order dated 11.09.2017, the plaintiff's application filed under Order 7 Rule 14 of the Code of Civil Procedure for taking documents on record has been rejected by the trial Court against which this writ petition has been preferred. (2) Learned counsel appearing for the petitioner would submit that the impugned order is bad and unsustainable in law as the documents sought to be produced are necessary for just and proper disposal of the suit, therefore, the impugned order is liable to be set aside. (3) I have heard learned counsel for the petitioner and perused the impugned order. (4) It is stated at the bar the evidence of both the parties have now been closed and, therefore, this Court is not inclined to entertain this writ petition under Article 227 of the Constitution of India.

(5) Accordingly, the writ petition fails and is hereby dismissed. The petitioner is at liberty to challenge the order dated 27-11-2018 in appeal, if occasion so arises in future. (6) A copy of this order be sent to the trial Court through E-mail / FAX for compliance and needful.

Sd/- (Sanjay K. Agrawal) Judge