Madhya Pradesh High Court
Kanti Prasad Sharma (Died) Th Lrs Smt. ... vs The State Of Madhya Pradesh on 1 August, 2014
1
W.P.No.4231/2014
(Kanti Prasad Sharma (Died ) through L.rs., Smt. Shankutala Devi Sharma &
Ors Vs. State of MP & antr)
01082014
Shri Sanjeev Jain, Advocate for the petitioners.
Heard.
This petition under Article 227 of the Constitution of India by
plaintiffs is directed against the order dated 10/07/2014 passed by III
Civil Judge, ClassI, Gwalior dismissing an application filed by plaintiffs
under Order VII Rule 14(3) CPC.
Facts necessary for disposal of this petition in nutshell are to the
effect that plaintiffs filed a suit on 26/06/1987. More than 27 years period has passed. There is already an order passed by a coordinate Bench of this Court on earlier occasion directing the trial Court to decide suit within three months. Plaintiffs have filed the suit for declaration and permanent injunction inter alia describing the suit land in paragraph 1 of the plaint situated in Mouja Mehalgaon, Tahsil & District Gwalior. Plaintiffs claimed that the suit land all along been in possession of their grandfather since Samvat 2004 (Year 1947), thereafter his successors and now the plaintiffs. As such, due to long, peaceful and uninterrupted possession, plaintiffs have acquired title by adverse possession. As defendants have threatened for forcible dispossession, instant suit is filed.
Written statement has been field and denied plaint allegations. Trial Court has framed issues and thereafter plaintiffs have led evidence. At this stage, plaintiffs have filed an application under Order VII Rule 14(3) CPC to bring on record certain documents relating to revenue Court proceedings initiated against the plaintiffs under section 248 of the Madhya Pradesh Land Revenue Code, 1959, i.e., removal of 2 W.P.No.4231/2014 (Kanti Prasad Sharma (Died ) through L.rs., Smt. Shankutala Devi Sharma & Ors Vs. State of MP & antr) encroachment, etc., The trial Court addressed upon the jurisdictional facts as contemplated under proviso to rule 17 of Order VI CPC, i.e., whether the plaintiffs despite due diligence could not file the aforesaid documents before commencement of trial. The trial Court has found that since the issues have been framed, plaintiffs' have led evidence, therefore, in fact and in effect, the trial has commenced. The trial Court recorded its satisfaction that the plaintiffs have failed to establish despite due diligence, documents could not be filed as it is found that explanation offered was devoid of substance as the same is on the premise that documents were not within the knowledge of the plaintiff/applicant and the same were recovered while he could lay his hands on the old files kept in house. More over, no averments are made in the plaint with reference to and in the context of aforesaid documents. As such, the trial Court held that there is no relevancy of the documents in question. Upon due consideration of the application on merits and bearing in mind the the fact that the suit is pending for the last 27 years, trial has commenced and the plaintiffs have led evidence, dismissed the application.
During the course of arguments, learned counsel for the petitioners has relied upon the judgments in the cases of Balwant Kumar and another Vs. Kailash Behl and another, AIR 2003 Himachal Pradesh 48 and Cable Corporation of India Ltd., Mumbai Vs. Sanghi Industries Ltd., AIR 2003 Andhra Pradesh 282.
Upon perusal of the aforesaid judgments, this Court is of the opinion that the factual matrix of the case in hand is different and hence, not helpful to the petitioners.
3 W.P.No.4231/2014(Kanti Prasad Sharma (Died ) through L.rs., Smt. Shankutala Devi Sharma & Ors Vs. State of MP & antr) Having gone through the impugned order passed by the trial Court, this Court is of the opinion that the same does not suffer from any illegality, much less, jurisdictional error. Order impugned is fully justified and, hence, no interference is called for. Petition sans merit and is accordingly dismissed.
Certified copy as per rules.
(Rohit Arya) Judge b/