HARISH KUMAR SONKAR Vs. SANTOSH SONKAR

JUDGEMENT

(1.) This writ petition under Article 227 has been filed against order dtd. 2/11/2021 passed by the 16th Civil Judge - Class II, Raipur in Civil Suit No. 263 A/17 whereby an application moved by the petitioner/defendant No. 1 under Order 8 Rule 1 A (3) of the C.P.C. has been rejected.

(2.) The plaintiff filed a suit for declaration that the agreement to sell dtd. 31/5/2017 is null and void and for permanent injunction. Written statement was filed by the defendant No. 1. The original defendant No. 2 late Santi Sonkar died during the pendency of this Civil Suit and defendants No. 3 to 8 are her legal heirs. The Suit property is survey No. 581/35 ad-measuring 1200 square feet and the dispute exists between the family members. The plaintiff/Respondent No. 1 moved an application under Order 7 Rule 14 of the CPC to produce a registered sale deed, and revenue records and same was allowed by the trial Court vide order dtd. 2/11/2021 but on the same date an application was moved by the petitioner/defendant No. 1 under Order 8 Rule 1A(3) of the CPC whereby some records, consent deed and will deed were produced. No reply was filed by the plaintiff but the learned trial Court rejected the application on the ground that such documents can't be taken on record, as same have been produced for cross examination of the plaintiff witnesses. The observation made by the learned trial Court has not been pleaded in the application moved by the petitioner/defendant No. 1 dtd. 19/7/2019.

(3.) Learned counsel for the petitioner submits that the learned trial Court has committed illegality in rejecting the application moved by the petitioner.