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Gangaram Rahi vs Subhash Chandra Sharma And Ors

Chhattisgarh High Court · Decided on 27 August 2019 · Citation: (2019) 08 CHH CK 0184

HON’BLE JUDGES
Sanjay K. Agrawal, J
ACTS & SECTIONS REFERRED
Code Of Civil Procedure 1908 — Section 151 · Evidence Act, 1872 — Section 65 · Constitution Of India, 1950 — Article 227
RESULT
Disposed Of
CASE NUMBER
WP227 No. 662 Of 2019
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Judgment

8 paragraphs · 352 words

Sanjay K. Agrawal, J

1.

This Writ petition under Article 227 of the Constitution of India has been preferred by the petitioner/plaintiff against the order dated 14/05/2019 by which learned 9th Civil Judge Class - II, Bilaspur has rejected the application filed by the petitioner under Section 151 of CPC for calling Deputy Registrar, Bilaspur / any other competent officer to prove the sale deed dated 31/12/1962.

2.

Mr. Rajeev Bharat, learned counsel appearing for the petitioner/plaintiff submits that learned trial Court is absolutely unjustified in rejecting the application filed by the petitioner/plaintiff under Section 151 of CPC, as the earlier application filed by the petitioner/plaintiff under Section 65 of the Indian Evidence Act for proving the sale deed dated 31/12/1962 by secondary evidence has been granted by the trial Court on 09/01/2018 and calling the Deputy Registrar, Bilaspur / any other competent officer from his office to prove the sale deed dated 31/12/1962 is necessary for just and proper disposal of the suit, therefore, the impugned order deserves to be set aside.

3.

I have heard learned counsel for the petitioner/plaintiff at length.

4.

Since, for proving the sale deed dated 31/12/62 by secondary evidence in the matter, the application under Section 65 of the Indian Evidence Act filed by the petitioner/plaintiff has already been allowed by the trial Court on 09/01/2018, the permission for calling the Deputy Registrar, Bilaspur / any other competent officer from his office to examine the sale deed dated 31/12/1962 ought to have been granted by the trial Court. As such, the impugned order is hereby set aside subject to payment of cost of ₹ 2,000/- to respondents/defendants No. 1 and 2. Summons shall be issued by the trial Court to the Deputy Registrar, Bilaspur / any other competent officer from his office for his presence.

5.

With the aforesaid observations, this writ petition stands disposed of. Respondents/defendants No. 1 and 2 are at liberty to file application for modification of this order, if any.

6.

A copy of this order be sent to the concerned trial Court by e- mail/fax.

Certified copy, as per rules.