Madhya Pradesh High Court
Smt. Asha Pandey vs Jay Prakash Associates Limited on 4 January, 2018
THE HIGH COURT OF MADHYA PRADESH
WP-297-2016
(SMT. ASHA PANDEY Vs JAY PRAKASH ASSOCIATES LIMITED)
11
Jabalpur, Dated : 04-01-2018
Shri Anoop Kumar Shukla, learned counsel for the petitioner.
Shri Shreyash Pandit, learned counsel for the respondent No.1.
Shri Girish Kekre, learned Government Advocate for the respondent No.2/State.
sh Being aggrieved by the order dated 19/11/2015 passed by third e Civil Judge Class-II, Rewa, this petition has been preferred.
ad By the order impugned, trial Court rejected the application under Pr Order 7 Rule 14 of Civil Procedure Code filed by the plaintiff on the ground that the order-sheets and the documents do not affect the case a hy at hand and those documents are not necessary to decide the issues as framed in the suit.
ad After having heard learned counsel for the petitioner as well as M the opposite counsel and on perusal of the documents which has been requested to be taken on record along with the application under Order of 7 Rule 14 of Civil Procedure Code and also the subject matter of the rt suit and the relief, in my considered opinion those documents relates ou to the same survey number and the area to which the suit has been filed. The consequence after taking of those documents on record C cannot be looked into at this stage, it would be subject to an h opportunity to the other side to cross-examine on those documents to ig the witness who appears in a witness box to prove the same or to the H plaintiff. But primarily, it cannot be said that those documents are having no relevance to decide the issues involved in the present case.
In view of the foregoing observations, finding as recorded by the trial Court stands set aside allowing the application under Order 7 Rule 14 of Civil Procedure Code filed by the plaintiff/petitioner.
Accordingly, this petition succeeds and is hereby allowed. Impugned order passed by the trial Court is set aside and the application under Order 7 Rule 14 of Civil Procedure Code stands allowed. Trial Court is directed to proceed in accordance with law.
(J.K. MAHESHWARI) JUDGE Astha sh ASTHA Digitally signed by ASTHA SEN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH JABALPUR, postalCode=482001, e st=Madhya Pradesh, 2.5.4.20=1ee5a674928966529f24a9132add140 SEN c808281a9ccd575356592932276d7d52e, ad 2.5.4.45=032100F16F6F19B1F2EDCC28285569 BBA28523D9E8AED4D08E333A4E2E73DCCC3B 497D, cn=ASTHA SEN Date: 2018.01.06 10:59:16 +05'30' Pr a hy ad M of rt ou C h ig H