s? « /. ; ;"ijSI \ Y ^•(. ^ T yf ^ aapa ^i iSSSS^,..._^ ^<i%yi i^l 2Hi® <?vvs>s'i •:t:-i ^.a^^'i IHA MI ,^' ^l :-j^ A^ ^^1 ^ -^ [^/ c ^ ^2^N^ BE' C^ lo^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR L^ .A. ^ WRIT PETITIQN No. 12007 kIONER F / ..••' ..' A..-:'\^". ^2'^''..•••• ^:^€--/' ^ w^ ~7\ S' Amiya Prasad Roy, aged about 77 years (at present), S/o iate Sakti Prasad Ray, By Caste BengaU, R/o Aiaaakhreva, Manendragarh, Distt. Sarguja (Presently Koriya) V&RSUS ^'RESPONDENTS 5°- Defendants /• 1. Smt. Saraswati Shah aged about 40 years, W/o Sheikh Najrool Islam R/o Choti Bazar, Chirmiri, Distt. Sarguja (Presently Koriya) Sanmitr aged bout 18 years, S/o Sheikh Najrool Islam R/Q Choti Bazar, Chirmiri, Distt. Sarguja (Presently K'oriya) WRIT PETITIPN UNDER ARTICLE 227 OF THE CONSTITUTION OF IWDIA ^^^•^W^S>:'i^!'*?'""-"!'?S!l&TO.fe.-.^..--3;. HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.C.No. 1877/2007 PETITIONER Amiya Prasad Roy Versus RESPONDENTS Smt. Saraswati Shah and another SB:- HON'BLE SHRI N.K. AGARWAL, J PRESENT:- Shri Parag Kotecha, Advocate, for petitioner. Shri Awadh Tripathi, Advocate, for the respondents. ORAL ORDER (20-1-2011) 1. The part of the order dated 2-3-2007 (Annexure P-5) passed by the Additional District Judge, Manendragarh in Civil Suit No. 7-A/2006 whereby the discovery application filed by the petitioner under Order 11 Rule 12 of C.P.C. regarding agreement to sell dated 20-10- 1989 has been kept pending is under assail in the instant petition. 2. Although learned trial court has entertained the above application and discussed at length but it is difficult to understand as to why appropriate order was not passed on application under Order 1 1 Rule 12 of C.P.C. regarding discovery of agreement to sell dated 20-10- 1989. The Court should have passed the order in accordance with law regarding discovery of above document. Therefore, this petition is disposed of with the direction that the trial Court shall decide the petitioner's application filed under Order 11 Rule 12 of the Code regarding agreement to sell within a period of one month from the date of receipt of copy of this order without being influenced by any of the observations made in this order. Sd/- N.K. Agarwai Judge