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High Court Of ChhattisgarhWP227/195/2018disposed off

Ranjeet Singh @ Ranjeet Singh Bindra v. Rajesh Tikariya

2018-12-04Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(227) No. 195 of 2018 Ranjeet Singh @ Ranjeet Singh Bindra S/o Shri Santosh Singh, aged about 43 years, R/o Rohinipuram, Raipur, Tahsil and District Raipur, Civil and Revenue District Raipur (C.G.).......[Plaintiff] ---- Petitioner

Versus

Rajesh Tikariya S/o Shri Khamhan Lal Tikariya, aged about 35 years, R/o Iswari Chand Ward, Behind Government Ayurveda College, Raipur, at present R/o Badhuabada, In front of Shri Restaurant, Tatyapara, Raipur, Tahsil and District Raipur (C.G.)...............[Defendant] --- Respondent For Petitioner :

Mr. A. K. Prasad, Advocate.

For Respondent :

None.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 04/12/18 1.

By the impugned order dated 03.01.2018, the petitioner/plaintiff's application filed under Order 7 Rule 14(3) of CPC for taking documents on record has been rejected by the trial Court against which this writ petition has been preferred.

2.

Learned counsel for the petitioner submits that the impugned order is unsustainable and bad in law and is liable to be set aside. 3.

I have heard learned counsel for the petitioner and perused the impugned order with utmost circumspection.

4.

The plaintiff filed an application under Order 7 Rule 14(3) of CPC enclosing the copy of the order passed by this Court in First Appeal No. 86/2008 dismissing the restoration and the copy of complaint filed by the petitioner was sought to be produced which was rejected by the trial

Court by the impugned order.

5.

Considering the fact that trial is at initial stage, it would be expedient to allow the application of the petitioner/plaintiff filed under Order 7 Rule 14(3) of CPC to be taken on record subject to payment of cost of Rs.2,000/- to the defendants. However, the defendants would be at liberty to move an application for modification of the order if aggrieved and would also be at liberty to question the said documents to be taken on record during the course of the trial. 6.

With the aforesaid observation, the writ petition stands finally disposed of. No order as to cost(s).

SD/- (Sanjay K. Agrawal) Judge Priyanka