Madhya Pradesh High Court
Smt. Shyamvati Bai vs Chatra Singh on 14 March, 2023
Author: Vivek Agarwal
Bench: Vivek Agarwal
IN THE HIGH COURT OF MADHYA PRADESH
AT J A B A L P U R
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 14th OF MARCH, 2023
MISC. PETITION No. 6130 of 2022
BETWEEN:-
SMT. SHYAMVATI BAI W/O LATE SHRI
PYARE SINGH RATHORE, AGED ABOUT
75 YEARS, VILLAGE KHIRSARI POST
1.
OFFICE CHANTA DISTRICT DINDORI
(MADHYA PRADESH)
BHOLA SINGH S/O LATE SHRI PYARE
SINGH, AGED ABOUT 55 YEARS, R/O
2. WARD NO. 12, OLD DINDORI, TEHSIL
AND DISTRICT (MADHYA PRADESH)
NIHAL SINGH S/O LATE SHRI PYARE
SINGH, AGED ABOUT 50 YEARS, R/O
3. WARD NO. 12, OLD DINDORI, TEHSIL
AND DISTRICT (MADHYA PRADESH)
MAHENDRA SINGH S/O LATE SHRI
PYARE SINGH, AGED ABOUT 48 YEARS,
R/O VILLAGE KHIRSARI POST OFFICE
4.
CHANTA DISTRICT DINDORI (MADHYA
PRADESH)
SEHDEV SINGH S/O LATE SHRI PYARE
SINGH, AGED ABOUT 45 YEARS, R/O
VILLAGE KHIRSARI POST OFFICE
5.
CHANTA DISTRICT DINDORI (MADHYA
PRADESH)
Signature Not Verified
SAN
Digitally signed by MOHD TABISH KHAN
Date: 2023.03.15 15:38:11 IST
2
NAKUL SINGH S/O LATE SHRI PYARE
SINGH, AGED ABOUT 40 YEARS, R/O
VILLAGE KHIRSARI POST OFFICE
6.
CHANTA DISTRICT DINDORI (MADHYA
PRADESH)
MUNNA ALIAS VIJENDRA S/O LATE
SHRI GAPPU ALIAS GANESH RATHORE,
AGED ABOUT 45 YEARS, R/O VILLAGE
7. KHIRSARI POST OFFICE CHANTA
DISTRICT DINDORI (MADHYA
PRADESH)
SMT. DAYAWATI BAI W/O LATE SHRI
GAPPU ALIAS GANESH RATHORE,
AGED ABOUT 65 YEARS, R/O VILLAGE
8.
KHIRSARI POST OFFICE CHANTA
DISTRICT DINDORI (MADHYA
PRADESH)
.....PETITIONERS
(BY SHRI ABHISHEK SINGH - ADVOCATE)
AND
CHATRA SINGH S/O LATE SHRI DUALAL
RATHORE, AGED ABOUT 58 YEARS,
VILLAGE KHIRSARI POST OFFICE
1. CHANTA POLICE STATION DINDORI
TEHSIL AND DISTRICT DINDORI
(MADHYA PRADESH)
Signature Not Verified
SAN
Digitally signed by MOHD TABISH KHAN
Date: 2023.03.15 15:38:11 IST
3
SMT. KUSUM BAI W/O CHATRA SINGH
RATHORE, AGED ABOUT 55 YEARS, R/O
VILLAGE KHIRSARI POST OFFICE
2.
CHANTA DISTRICT DINDORI (MADHYA
PRADESH)
CHIINTAMANI S/O LATE SHRI DUALAL
RATHORE, AGED ABOUT 50 YEARS, R/O
VILLAGE KHIRSARI POST OFFICE
3. CHANTA POLICE STATION DINDORI,
TEHSIL AND DISTRICT DINDORI
(MADHYA PRADESH)
SMT. JAMOTRI BAI W/O CHINTAMANI
RATHORE, AGED ABOUT 45 YEARS, R/O
VILLAGE KHIRSARI POST OFFICE
4. CHANTA POLICE STATION DINDORI,
TEHSIL AND DISTRICT DINDORI
(MADHYA PRADESH)
SMT. SAVITRI BAI W/O RAJKUMAR
RATHORE, AGED ABOUT 55 YEARS, R/O
5. VILLAGE SARHARI TEHSIL AND
DISTRICT DINDORI (MADHYA PRADESH)
KARAN SINGH S/O LATE SHRI BHONDU
SINGH ALIAS MAANSINGH RATHORE,
AGED ABOUT 55 YEARS, R/O VILLAGE
6. KHIRSARI POST OFFICE CHANTA
POLICE STATION DINDORI, TEHSIL AND
DISTRICT DINDORI (MADHYA PRADESH)
Signature Not Verified
SAN
Digitally signed by MOHD TABISH KHAN
Date: 2023.03.15 15:38:11 IST
4
SMT. MUNNI BAI W/O LATE SHRI KALLU
SINGH RATHORE, AGED ABOUT 55
YEARS, R/O VILLAGE KHIRSARI POST
7. OFFICE CHANTA POLICE STATION
DINDORI, TEHSIL AND DISTRICT
DINDORI (MADHYA PRADESH)
PAWAN KUMAR S/O LATE SHRI KALLU
SINGH RATHORE, AGED ABOUT 32
YEARS, R/O VILLAGE KHIRSARI POST
8. OFFICE CHANTA POLICE STATION
DINDORI, TEHSIL AND DISTRICT
DINDORI (MADHYA PRADESH)
RAMU ALIAS RAMKUMAR S/O LATE
SHRI KALLU SINGH RATHORE, AGED
ABOUT 28 YEARS, R/O VILLAGE
KHIRSARI POST OFFICE CHANTA
9.
POLICE STATION DINDORI, TEHSIL AND
DISTRICT DINDORI (MADHYA
PRADESH)
SMT. JAYANTI BAI D/O LATE SHRI
KALLU SINGH RATHORE, AGED ABOUT
30 YEARS, R/O VILLAGE MADIARAS
10. POST OFFICE MADIARAS TEHSIL AND
DISTRICT DINDORI (MADHYA
PRADESH)
GEET SINGH S/O LATE SHRI BHONDU
SINGH ALIAS MAAN SINGH RATHORE,
AGED ABOUT 52 YEARS, R/O VILLAGE
KHIRSARI POST OFFICE CHANTA
11.
POLICE STATION DINDORI, TEHSIL
AND DISTRICT DINDORI (MADHYA
PRADESH)
Signature Not Verified
SAN
Digitally signed by MOHD TABISH KHAN
Date: 2023.03.15 15:38:11 IST
5
NIRMAL SINGH S/O LATE SHRI
BHONDU SINGH ALIAS MAAN SINGH
RATHORE, AGED ABOUT 46 YEARS, R/O
VILLAGE KHIRSARI POST OFFICE
12.
CHANTA POLICE STATION DINDORI,
TEHSIL AND DISTRICT DINDORI
(MADHYA PRADESH)
JAY SINGH S/O LATE SHRI BHONDU
SINGH ALIAS MAAN SINGH RATHORE,
AGED ABOUT 40 YEARS, R/O VILLAGE
KHIRSARI POST OFFICE CHANTA
13.
POLICE STATION DINDORI, TEHSIL
AND DISTRICT DINDORI (MADHYA
PRADESH)
SMT. RADHA BAI W/O SHIKHAR
CHAND RATHORE, AGED ABOUT 52
YEARS, R/O VILLAGE CHATUA, POST
14. OFFICE CHANTA POLICE STATION
DINDORI, TEHSIL AND DISTRICT
DINDORI (MADHYA PRADESH)
SMT. JANKI BAI W/O BUDDHU
RATHORE, AGED ABOUT 42 YEARS, R/O
VILLAGE KUKARMATH POST OFFICE
15.
KUKARMATH TEHSIL AND DISTRICT
DINDORI (MADHYA PRADESH)
STATE OF MADHYA PRADESH,
THROUGH COLLECTOR, DINDORI
16.
DISTRICT DINDORI (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI ASHOK JAIN - ADVOCATE)
Signature Not Verified
SAN
Digitally signed by MOHD TABISH KHAN
Date: 2023.03.15 15:38:11 IST
6
___________________________________________________
Reserved on : 16.01.2023
Delivered on : 14.03.2023
_______________________________________________________________
This miscellaneous petition coming on for
admission this day, the court passed the following:
ORDER
This Miscellaneous Petition is filed under Article 227 of the Constitution of India by the plaintiffs being aggrieved of order dated 05.12.2022 whereby an application i.e. I.A. No.2/2022 under Section 45 of the Evidence Act seeking appointment of a handwriting expert to examine the signatures of the concerned namely signatures of Ganesh, Pyare Singh and thumb impression of Bhondu on the partition-deed, Ex.D-2, is rejected by the learned 2nd Civil Judge, Senior Division, Dindori.
Signature Not Verified SAN Digitally signed by MOHD TABISH KHAN Date: 2023.03.15 15:38:11 IST 7
2. Shri Ashok Jain, in his turn, submits that document was filed seven years ago and plaintiffs never disputed thumb impression or signatures on the said document, therefore, now at the stage when case is pending for evidence of the defendant witness, said application being highly belated and the pleadings having been not made out from the record needs to be dismissed and is dismissed as such.
3. It is further submitted that defendants No.1 to 6 had filed their written statement on 15.05.2015. On 28.01.2017 at the stage of recording of evidence of the plaintiffs application for taking document was allowed and case was fixed for plaintiffs evidence, thereafter, plaintiffs evidence was led and on 13.04.2018, case was fixed for defendants evidence. When defendants Signature Not Verified SAN Digitally signed by MOHD TABISH KHAN Date: 2023.03.15 15:38:11 IST 8 tried to exhibit the said document then an objection was taken that said document is not admissible being not registered in terms of the Registration Act 1908 but at that time also no objection was taken in regard to the hand writing/thumb impression of certain persons on the document, therefore, trial Court vide order dated 01.11.2022 rejected objection in regard to its admissibility.
4. After hearing learned counsel for the parties and going through the record, it is an admitted fact that document in question on which hand writing/signatures/thumb impression is sought to be examined was within the knowledge of the plaintiffs at least w.e.f. 15.05.2015. They never raised any objection on this document. They for the first time Signature Not Verified SAN Digitally signed by MOHD TABISH KHAN Date: 2023.03.15 15:38:11 IST 9 took objection as to the admissibility when defendants tried to exhibit it during their evidence. Objection of the plaintiffs as to admissibility of the document was turned down by the trial Court. That order attained finality, therefore, now at this belated stage when plaintiffs evidence is already over. It is sought to be re- agitated, that there is lacuna, in the document as it does not contain signatures of the plaintiff.
5. Learned counsel has placed reliance on the judgment of the Coordinate Bench in Shakun (Smt.) V. Smt. Shashi Jain and Others, 2016(3) MPWN 121 wherein despite recording a finding that plaintiffs had moved an application belatedly and should have been vigilant during the trial allowed the petition subject to payment of cost of Rs.3,000/- and directed Signature Not Verified SAN Digitally signed by MOHD TABISH KHAN Date: 2023.03.15 15:38:11 IST 10 the Trial Court to allow further examination only in respect of the opinion o f the handwriting expert.
6. Facts of the present case are different. In the present case neither any handwriting expert report is available on record nor any evidence was led by the plaintiffs disputing the signatures/thumb impression of the authors of the document during the course of their evidence. Therefore, in the present case, issue is not only in regard to delay, issue is also in regard to bonafides. When plaintiffs throughout their evidence did not dispute the signatures of Ganesh, Pyare Singh and thumb impression of Bhondu on the partition- deed, Ex.D/2 then they could not have raised this dispute for the first time during the evidence of the defendants witness and then seek verification of Signature Not Verified SAN Digitally signed by MOHD TABISH KHAN Date: 2023.03.15 15:38:11 IST 11 signatures of Ganesh, Pyare Singh and thumb impression of Bhondu. Thus impugned order, rejecting the application treating it not to be bonafide and also delayed cannot be said to be illegal or arbitrary calling for interference in the supervisory jurisdiction of this High Court specially when facts of the case of Shakun (Smt.)(supra) are different, petition is liable to be dismissed and is hereby dismissed.
(VIVEK AGARWAL) JUDGE Tabish Signature Not Verified SAN Digitally signed by MOHD TABISH KHAN Date: 2023.03.15 15:38:11 IST