Amitabh Paul v. Seetaram

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No.865 of 2018 Amitabh Paul S/o Dr. A.K.Paul, aged about 44 years, R/o Shri Lodge, Main Road, P.S. & Tahsil Saraipali, District Mahasamund (CG) ---- Petitioner

Versus

1. Seetaram S/o Chamru, aged about 60 years, Caste Gond, R/o Village & Post Saraipali, P.H. No.9, PS & Tahsil Saraipali, District Mahasamund (CG)

2. State of Chhattisgarh, Through the Collector, Mahasamund, District Mahasamund (CG) ---- Respondents For Petitioner :

Mr.Sunil Sahu, Advocate For Respondent No.2 :

Mr.Rahul Tamaskar, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 06/10/2018

1. By the impugned order, the trial Court has rejected the application filed by the petitioner/defendant under Order 13 Rule 10 of the CPC for production of record.

2. The petitioner/defendant is seeking production of record containing lease granted in favour of respondent No.1/plaintiff on 15.5.1989, which has been revoked by the Sub Divisional Officer on 30.8.1989.

3. Mr.Sunil Sahu, learned counsel for the petitioner, would submit that the impugned order is unsustainable and bad in law.

4. I have heard learned counsel for the petitioner.

5. The trial Court has rejected the application on the ground that both the parties have already closed their evidence and it is for the plaintiff to prove his case in accordance with law. The finding recorded by the trial Court rejecting the application is well merited. I do not find any illegality or perversity in the impugned order.

6. Accordingly, the writ petition deserves to be and is hereby dismissed. No cost(s).

Sd/- (Sanjay K. Agrawal) Judge B/-