-4 6 SKSRi ff ^g'grpy' ^i-1 UJt. |1 15- C^^?1 cp<r/'^; C^' lo/^ - IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR fCHHATnSGARHt WRIT PETITION fC1 N0. l4-2^ QF 2007 PETITIONERS : DEFENDANT N0.20 1. .^ ^^5::^ .:?-'T) <S,^AA"" .,••»" ..•-•""f^j^Q0-^'" ^w- 3-^-'"" ?^£FEfslDANTN0.21 ,.2, DEFENDANT N0.22 DEFENDANTNO.l DEFENDANT N0.2 ^^^r^^-.A^^ ,®.iS., ^^^tn,^*^ <T "3l ^ ^? Sf-^y ^SK^"'" Govind Son of Shri Ganiram Sahu aged about 45 years, Occupation Agriculture, Resident of Village Khapri, Tahsil Nawagarh, District Durg (C.G.). Smt. Bisakha Bai Wife of Shri Govind Sahu, aged about 40 years, Occupation Agriculture, Resident of Village Khapri, Tahsil Nawagarh, District Durg (C.G.). Bunderam Son of ShriNandwa Sahu, aged about 55 years, Occupation Agriculture, Resident of Village Tendua, Tahsil Nawagarh, District Durg (C.G.). Gopiram Son of Shri Kanwal Singh, aged about 70 years; Smt. J,am Bai Wife of Shri Gopiram, aged about 65 years; Both are Occupation Agriculture, Resident of Village Khapri, Tahsil Nawagarh, District Durg (C.G.). ^ DEFENDANT N0.9 6.. Bhagmati Bai Widow of Late Shri Nanwa Sahu, aged about 72 years, Occupation Agriculture, Resident of Vitlage Tendua, Tahsil Nawagarh, District Durg (C.G.). VERSUS ^ >--^ ••.^' RESPONDENTS PLAINTIFFS o-' 1.^, Udairam Son pf Shiv Singh, aged about 75 years^: A^^J;^ y 2.^. (Bhuma^Son of Dayaram Sahu, aged about 27 years; v0^ DEFENDANT N0.3 ¥- 3.<,- Rohit Son of Durga Prasad Sahu, aged about 30 years; The plaintiff No.l to 3 are Occupation Agriculturist, Resident of Village Khapri, Tahsil Nawagarh, District Durg (C.G.). '^fciU-iVMO^vc. 4. <, Smt.QTiarmang) Bai Wife of Dayaram, aged about 60 years; DEFENDANT N0.4 ^ 5.^- Ghasnin Bai Wife of Bisahuram Sahu, aged about 68 years; ^ DEFENDANT N0.5 ^6.^' Smt. Hemkunwar Bai Wife of Dhanush Sahu, aged about 66 years; DEFENDANT N0.6 ./y' 4> sy . vf j" ft &:.\ 7.<-, Smt. Kanti Bai Wifeof Jagdish Sahu, aged about 64 years; 7 ^^0_ftt. The defendant CNo.3) to ^- are DEFENDANT N0.7 ^ DEFENDANT N0.8 DEFENDANTN0.10 Occupation Agriculture, Resident of Village Khapri, Tahsil Nawagarh, District Durg (C.G.). 8.^' Smt. Sona Bai Widow of Late Latel Sahu, aged about 70 years, Occupation Agriculturist, Resident of Village Murta, Tahsil Nawagarh, District Durg (C.G.). ^9.^, Smt. Pyari Bai Widowof Late Durga Prasad, aged about 65 years, Occupation Agriculturist, Resident of Village Khapri, Tahsil Nawagarh, District Durg (C.G.). ^tO.^. Smt. Birtila Bai Wife of Kumar Sahu, aged about 45 years, Occupation Agriculturist, Resident of Village Murkuta, Tahsil Nawagarh, District Durg (C.G.). ¥-' DEFENDANTNO.ll y 11. DEFENDANT N0.12 Smt. Sarojani Bai Wife of Mohan Sahu, .aged about 43 years, Occupation Agriculturist, Resident of Village Tarponga, Tahsil Simga, District Raipur (C.G.). 12.<, Mannulal Son of Durga Prasad, aged about 45 years, Occupation Agriculturist, Resident of Village Khapri, Tahsil Nawagarh, District Durg (C.G.). fWps' .^' ^< DEFENDANTN0.13 /13.6,' Dhannu Son of Durga Prasad Sahu, aged about 39 years, Occupation Agriculturist, Resident of Village Khapri, Tahsil Nawagarh, Disatrict Durg (C.G.). DEFENDANT N0.14 .. 14.^. Prem Son of Durga Prasad Sahu, aged about 37 years, Occupation Agriculturist, Resident of Village Khapri, Tahsil Nawagarh, District Durg (C.G.). DEFENDANT N0.15 ,15.S- Smt. Meena Bai Wife of Santosh Sahu, aged about 27 years, Resident of Village Danganiya, Tahsil Bemetara, District Durg (C.G.). DEFENDANTN0.16 ^ 16.^- Gopal Son of Durga Prasad Sahu, aged about 25 years, Occupation Agriculturist; Resident of Village Khapri, Tahsil Nawagarh, Distrirt Durg (C.G.). DEFENDANT N0.17 17.<^, Rukmani Bai Wife of Namdeo Sahu, aged about 40 years, Occupation Agriculturist, Resident of Village Malda, Tahsil Nawagarh, District Durg (C.G.). ff DEFENDANTN0.18 /"A I i£l.y;!; ^^v{-:", ^-'»x. ^ 18.<-Bitawan.Bai Wife of Santosh Sahu, aged about 32 years, Occupation Agriculturist, Resident of Village Mehna, Tahsil Nawagarh, District Durg (C.G.). DEFENDANT N0.19 yl9.^> Sushil Son bf Bisahu Sahu, aged about 40 years, Occupation Agriculturist, Resident of Village Khapri, Tahsil Nawagarh, District Durg (C.G.). DEFENDANT N0,23 / 20. State of Chhattisgarh, Through: The Collector, Durg (C.G.). WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE _QF_ WRIT_ IN THE NATURE OF MANDAMUS, CERTIORARI, PROHIBITION ETC. 1 1:^ ; 1; y- HIGH COURT OF CHHATTISGARH AT BILASPUR Sinate Bench: Hon'Me Shri Justtee Prashant Ktnnar Mishra PETITIONERS RESPONDENTS Writ P^ition (Cl No.1423 / 2007 Govind and others Vereys Udairam and rthere Shrt P.P. Sahu, counset Tor the petitkmers. >\'one for the respondents No. 1 to 19. Shri Vinod Tekam, Panel Lawyer for the State/respondwit No.20. WRH- pETrrioN UNDER ARTICLE 227 OF THE CQNSTrruTioN OF IND1A ORALORDER (09.09.a>10) Chatlenge in this writ petition is to the order passed by thetrial Court on 17-01-2007 rejecting the petitionere/ctefendants applrcation under Order 13 Rule 2 of C.P.C. seeMng leave to praluce dwument. (2) The plaintiffs/respondents No. 1 to 3 have preferred the suft for ctectaration, partition and separate possession. Evidence of the ptaintiffe have already been completed and thereafter the suit was fixed fcw recording the evidence of defendants. <3) The subject a licatio" "i^ter 0"ter 13 Rule 2 of C.P.C. was filed on or about 08-W-2006 to seek teave to fite documents on the ground that the document was misptaced in the house of the petitionere. Nine documents were sought to be introduced along with the application. They are mainty ordere passed by the revenue authortties and the copies of the revenue records in relation to the suit land. -2." • . (4) Thepetittoners moved anrther afyttesrtion undw Order 6 Rute 17 of C.P.C. for correctron of the tftle of the ap{riteati<»i after realiang that the provision contained in Order 13 Rule 2 cf G.P.C. has been deleted and the applteatiwi should have been moved under Order 8 Rutel-AofC.P.C. (5) The trial Court has rqected both the applteations, hovwver the application under Order 13 Rute 2 of C.P.C. was taken first in point of time and has been rejected after obserong that the af^teation is not maintainabte as ateo on the ground that ie reason aesigned for the ctetay is not proper. The apptteation under Order 6 Rute 17 of C.P.C. was taken subsequently and has been rejected on the ground that in view ofthe rejection ofthe apptication under Ordw 13 Rule 2 of G.P.C., the apptication under Order 6 Rute 17 of C.P.C. has berome infactuous. (6) Counsel for the p^itioners wwM submit that the documente are necessary for complete and effecUve adjudication of the sufcgect matter of $he suit. He woutd submit that the parties belong to a joint femily and suit is for partition, therefore, the o^osite parties are famitiar with the documents and woutd not be surprised if the ieave is granted and the doouments are taken on record. (7) The suit fded by the ptaintiff is for dectaration, partition anct separate possession. In a sirit tw partition the status of the plaintiff as wetl as the defendants are in ttie natwe of the ptaintiffe because al! share holders are to be allotted share in the event the suit fw partition is decreed. Thus the documents, if prodwed in Court woutd utBmately assist the Court in deciding e suit between the parties. True it is that 1 \ i. A, ~^-^ •'.^j^r:. -3>" there was some d^ay in friing the documerts however, as earlier notsced, the suit is for partition wherein the sfatus ofthe parties are that of the plaintiff and further that the parties being familiar with fte documents it wll not surprise or prejudice the plaintiff. (8) tn view of the above, ttie triat Court has committed an error of jurisdiction by refusing to grant (eave to produce documents. The impugned order is srt-askle. The documertt frted along with applfoation under Order 13 Rute 2 of C.P.C, whteh was subsequCTtly sought to be amended to read Order 8 Rule 1-A of C.P.C., are permitted to be produced in the Civii Suit. (9) The instant petition tethus alliwed. (10) No order as to costs. Sd/- Prashant Kumar Mishra Judge \i^ *' ^^^^^^^^^^^^^^^^?^^^ff:?^^^^l^^^^w^'^I^^^EW&B^9F>t^^^^a31S ^^%fiSS^5^??^^^S*^^^ -^:J^-AL^^1^^^^^