High Court Of ChhattisgarhWP227/661/2018disposed off

Amitabh Paul v. Seetaram

2018-08-02Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 661 of 2018 • Amitabh Paul S/o Dr. A.K. Paul, Aged About 44 Years R/o Shri Lodge, Main Road, P.S. And Tahsil Saraipali, District Mahasamund Chhattisgarh. (Defendant) ---- Petitioner

Versus

1. Seetaram S/o Chamru, Aged About 60 Years Caste - Gond, R/o Village And Post Saraipali, P.H. No. 9, P.S. And Tahsil Saraipali, District Mahasamund Chhattisgarh.......... (Plaintiff)

2. State of Chhattisgarh, Through The Collector, Mahasamund, District Mahasamund Chhattisgarh....... (Defendant No. 2), ---- Respondents For Petitioner :

Shri Sunil Sahu, Advocate For Respondent/State :

Ms. Astha Shukla, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 02/08/2018

1. Heard.

2. The present petition is against the dismissal of an application filed under Order 13 Rule 10 CPC, whereby the record of Revenue Case No.55A/19 year 1988-89 in between Sitaram Versus State of M.P. and the copy of the order dated 15.05.1989 was called for. The learned Court below has dismissed the application on the ground that the certified copy of the order could have been procured.

3. Learned counsel for the petitioner refer to a document to show that the certified copy of the order though was applied for but it was not given for the

reason that the document so required is not at all exist, the copy of the same is filed as Annexure P-6.

4. The facts are not clear as to whether the document so called for and for which the certified copy is applied for whether they are same or not, therefore, under the circumstances, the petitioner is given liberty to file afresh application under Order 13 Rule 10 CPC before the Court below apprising the Court that they have applied for the certified copy, but for want of record, the same is refused. It is also directed that the trial Court shall look into the contents of the application and thereafter may pass the suitable orders.

5. With such observation, the petition stands disposed of at this stage. Sd/- Goutam Bhaduri Judge Ashu