Jasraj Singh Babra vs Gita Kalha And Ors

Sanjay K. Agrawal, J

By the impugned order dated 13/05/2019 passed in civil suit No. 99A/2012, petitioner's/plaintiff's application under Order 7 rule 14 of CPC has been rejected by learned 3 rd Additional District Judge, Ambikapur against which this writ petition under Article 227 of the Constitution of India has been preferred by him.

Learned counsel for the petitioner/plaintiff submits that learned trial Court is absolutely unjustified in rejecting the application under Order 7 rule 14 of CPC filed by the petitioner/plaintiff by the impuned order.

I have heard learned counsel for the petitioner/plaintiff, considered his submission and perused the record.

Learned trial Court has rejected petitioner's/plaintiff's application under Order 7 rule 14 of CPC mainly on the ground that plaintiff's evidence has already been closed and the application has been filed belatedly. Be that as it may, learned counsel for the petitioner/plaintiff submits that plaintiff has already been examined and he need not be examined any further, the additional documents can be proved by the remaining witnesses of the plaintiff, if any. In that view of the matter, the application of the petitioner/plaintiff is granted subject to payment of cost of Rs.3,000/- jointly to the defendants. The witness already examined shall not be re-examined after taking the documents in question on record.

With the aforesaid observations, this writ petition stands disposed of. However, the respondents/defendants are at liberty to file application for modification of this order, if aggrieved.