Prahlad Prasad Gupta v. Smt. Neha Pandey

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(227) No. 387 of 2021 1.

Prahlad Prasad Gupta, S/o Late Jhunnu Sao Gupta Aged About 61 Years 2.

Smt. Chandrakala Gupta, W/o. Prahlad Gupta, aged about 59 years, Both are resident of Sitapur, Tehsil Sitapur, District Surguja Chhattisgarh.

---- Petitioners

Versus

1.

Smt. Neha Pandey, D/o. Rajkumar Pandey, aged about 23 years, Resident of Ambikapur Road, in front of Khadi Bhandar, Police Station and Tehsil Sitapur District Sarguja Chhattisgarh. 2.

Bharat Alumunium Co. Ltd. Through CEO, Balco Nagar, Korba District Korba Chhattisgarh.

---- Respondents For Petitioners : Mr. Amit Soni, Advocate Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board /08/2021 1.

This petition under Article 227 of the Constitution of India has been brought being aggrieved by the order dated 07.04.2021, passed by the learned Family Court, Ambikapur, District - Sarguja by rejecting the application filed under Section 64 of Evidence Act. 2.

It is submitted by the learned counsel for the petitioner that respondent No.1 exhibited some photographs in support of her pleadings in defence. The stand of the petitioner/plaintiff is this that the photographs exhibited are forged and morphed, therefore, they are not admissible in evidence.

3.

Considered on the submissions.

4.

The stage of accepting and rejecting any evidence is at the stage of judgment and the stage of deciding the suit, therefore, it is too early to take any decision on the admissibility of any evidence. The case is still at the stage of recording plaintiffs' evidence and the evidence of defence to follow, therefore, the petitioners/plaintiffs have all the opportunity to produce, rebut the claim made by the respondents and the evidence produced by the respondent and also the petitioners have opportunity to raise objection on the admissibility of photographs in evidence in the argument, at the final stage of hearing.

5.

Accordingly, this petition is disposed off with the observations made here-in-above.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.C.C. No.558 of 2021

1. Prahlad Prasad Gupta S/o Late Jhunnu Sao Gupta Aged About 61 Years R/o Sitapur, Tehsil Sitapur, District Surguja Chhattisgarh

2. Smt. Chandrakala Gupta, W/o Prahlad Gupta, Aged About 59 Years R/o Sitapur, Tehsil Sitapur, District Surguja Chhattisgarh ---- Applicants

Versus

1. Smt. Neha Pandey D/o Rajkumar Pandey, Aged About 23 Years R/o Ambikapur Road, In Front Of Khadi Bhandar, Police Station And Tehsil Sitapur District Sarguja Chhattisgarh

2. Bharat Alumunium Co. Ltd. Through Ceo, Balco Nagar, Korba District Korba (Chhattisgarh) ---- Non-applicants For Applicants - Mr. Aditya Agrawal on behalf of Mr. Amit Soni, Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 20-10-2021

1. Heard.

2. This petition has been brought praying for correction in the impugned order.

3. It is submitted that the title added to the name of respondent No.1 in W.P.(227) No.387/2021 as Smt. Neha Pandey is incorrect as the respondent No.1 is unmarried. Therefore, the same may be corrected.

4. After considering on the submissions, the prayer made in the application

-2is allowed. It is now ordered that the name of respondent No.1 shall now hereinafter be read as only Neha Pandey in the cause title of the order dated 17.08.2021 in W.P.(227) No.387 of 2021.

5. Accordingly, the petition stands disposed off. Sd/- (Rajendra Chandra Singh Samant) Monika Judge