HIGH COURTOF CHHATTJSGARH AT BILASPUR Sinaie Bench : Hon'bleShri Dilip Raosaheb Deshmukh, J. T ~~\lf l^ First Aopeal No.45/2007 ADpellant Respondents Defendants 1. Antram, pn of Rungsa, aged about 62 years, resident of Village Rajpura, Tahil Mungeli, District Bilaspur (CG) Versus Bhagwani, s/o Rungsa, aged about 64 years 2. Mu. Duklhinbai, wife of Rurigsa, aged about 79 years 3. Raghavendra, S/o| Bhagwani, aged about 29 year j 4. Bhuneshwar, S/o Bhagwani aged about 25 years 5. Urmila Bai, D/o Rungsa, aged about 47years Ail resident of Village Rajpura, Tahsil Mungeii, Distriet Bilaspur (CG) 6. State of Chhattisgarh Through Collector, Bilaspur First appeal under Section 96 of the C.P.C. Present : ShriPrakash Tiwari,counselfortheappel!ant. Shri Utkarh Verma, counsel for respondents No. to 5. Shri Akhil Agrawal, PL for State/respondent No.6. (Passed on 13th February, 2008) This appeal is heard finylly at the stage of admission. Atso heard on application under Order-41 Rule-27 of C.P.C filed by the appellanVplaintiff. "•> ; (2) The appellantfplaintifF is aggrieved by judgment and decree dated 31.1.2007 passedbytheAddifion'al District Judge, Mungeli, District Bilaspur in civii suit No.2-A/2005, whereby the plaintiff's suit for declaration oftitle, partition and possession ofthe suit land was dismissed. ii^^gBii^®^3"^^73^^ ?-g;^^^N^a<ss^sis^^' ^ c (3) Admittedly.the respondentNo.1 Bhagwani isthe brotherof the appellant/plaintiff. Rungsa is the father of the appellant and Bhagwani. Mu.DuklhinBai is the widow of Rungsa. Rungsa and Anjori were sons of Chhabilal. Rungsa, the father of the appellant/plaintiff had on 18.7.1995 and 19.7.1995 sold the suit land to the respondent No.3, 4 & 5 respectively. The appellantfplaintiff had, before the trial Court, admitted in paragraph 8,9 &10 of his testimony that after keeping approximateiy 8 acres of iand for himself, Rungsa had partitioned the remalning 40 acres of land between the appellant/plaintiff and Bhagwani and according to the same, the appellanVplaintiffand Bhagwani each were in possession of20aces ofland. i (4) By filing an application under Qrder-41 Ruie-27 of CPC, learned counsei forthe appellanVplaintiff seeks to fiie a copy of the registered partition deed between the appellant/plaintiff and Bhagwani executed on 26.6.1972. He fairiy conceded that ynless the registered partition deed dated 26.6.1972 was permitted to be taken on record, the appetlant/plaintiff would have no case and the appeat would fail. (5) I, therefore, first proceed to decide the application uncfer Order-41 Ruie-27ofC.P.C. (6) On a perusal of the plaint in civii suit No.2-A/2005,it is noticed that it was not pleaded that there was a registered partition on 26.6.1972 behweenthe appeilaitit/plaintiff and the respondent No.1 Bhagwani. !t was also not pleaded that the land forming part of.the partition deed had fallen to the sharfe of the appeltanVplaintiff. Thus, the necessary foundation was not laid in the plaint by the appellant/ptaintiff by making specific pieading. Learned counsel for the appeliant/plaintiff did not dispute that the document sought to be filed now was in possession of the appellant/plaintiff during the pendency of the suit. Thus, there is nothing to 'indicate that the 3 registered partition deed dated 26.6.1972 could not be produced by the appellant/piaintiff in the suit despite due diligence. (7) In this view of the matter, neither the necessary foundation for justifying the admission of the document, at a belated stage waslaid in the plaint nor is there anything to show that despite due diligence, the appeilanVplaintiff could not produce the said document. (8) in view of the admissions made by the appeilant/plaintiff in paragraph 8,9,10 & 11, the application under Order-41 Rule-27 of C.P.C. filed by the appellantfplaintiff at such a belated stage is liable to be dismissed. ^ J (9) No ground / interference in the triai Court's judgment and decree is shown by the learned counsel for the appellant. Accordingly, the appeal stands dismissed. | DUip Raosaheb Deshmukh Judge Priya