u BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.) W.P. (227)No. £6^^-of2010 PETITIONER/ :•!. Ajay Chauhan, S/o Late Shri Vipat Plaintiff Chauhan @ Dipeshwar Chauhan, aged about 42 years, R/o Rajeev Nagar, Bhilai, Tahsil & District Durg (C.G.) VERSUS RESPONDENTS/ :1. Smt. Shilki Lal, W/o Late Subodh Defendants Kumar Lal, aged about 60 years, 'V?-"" .. 2. v^&- 2 -:-::^-^'^v^- ,R6S^" \ Ashish Lal, S/o Late Subodh Kumar Lal, aged about 40 years, Anil Lal, S/o Late Subodh Kumar Lal, aged about 38 years, Ashrita, D/o Late Subodh Kumar Lal, All R/o 8 Bhilai Nagar, Tahsil & District-Durg (C.G.) State of Chhattisgarh, through the Collector, Durg, District-Durg (C.G..) WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA mGH COURT OF CHHATTISGARH AT MLASPUR S.B: Hon'ble Shri Prashant Kumar Mishra PETITIONER RESPONDENTS Writ Petition f227) No. 6022/2010 Ajay Chauhan Versus Smt. Shaki Lal and others Appearance: Shri Goutam Klietrapal, counsel for the petitioner. Shri Vinod Tekam, Panel Lawyer for the State/res No.5. WMT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA ORAL ORDER (21.10.2010) Heard. (2) The trial court has rejected petrtioner's/plaintiffs application under Order 13 Rule 10 ofCPC for summoning the record ofUvo revenue cases decided in the court ofTahsildar, Durg. (3) The trial court has observed that the petitioaer has not stated that he cannot, without unreasonable delay or expense, obtain a duly authenticated copy ofthe record to be summoned. Under Order 13 Rule 10 of CPC the paity applying for summoaing the record is requyed to state that he cannot obtain a duly authenticated cop;' of the record without unreasonable delay or expense. Ia the present case, as has been submitted by learned counse! for the petitioner, he Sias already obtained a certified copy of the relevant document available in the record of the subject revenue case in the court of Tahsildar, Durg. (4) In view of the fact that the petitioner has already obtained certified copy of the relevant document contained in the record of Tahsildar, Durg in the relevant revenue case, the trial court has not committed any illegality nor has acted with material m-egularity in exercise ofjurisdiction while rejecting petitioner's application under Order 13 Rule 10 ofCPC. ^,1 (5) Consequently, the writ petition has no substance. It is dismissed. Sd//- Prashant Kumar Mishra Judge