HARNARAYAN SHARMA Vs. PARAS VAID

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and decree dated 13.04.2005, passed in C.S. No. 20 -B/2004, passed by IIIrd Additional District Judge, Raipur (C.G.), whereby the suit filed by the appellant/plaintiff was dismissed on the ground that the documents required to be filed alongwith the plaint were not filed at the time of filing of suit.

(2.) BRIEF facts of the case are that a suit was filed by the appellant for recovery of Rs. 68,244/ - against the defendant on the basis of the pleading that the defendant has availed different loan at different point of time i.e. Rs. 18,000/ - on 30.05.2001, Rs. 15,000/ - on 22.06.2001 and Rs. 17,000/ - on 30.07.2001 and agreed to pay interest @ 1% per month, thereby total Rs. 50,000/ - was availed as a loan.

(3.) AFTER service of notice, the defendant entered his appearance on 12.10.2014 but despite different opportunities the defendant failed to file his written statement as such his right to file written statement was closed on 22.01.2005. Subsequently, on 26.02.2005, the plaintiff filed an application under Order 7 Rule 14(3) read with Section 151 of C.P.C., seeking permission of the Court to place certain documents on which the plaintiff relied as it could not be filed at the time of the filing of the suit. In the said application, it was stated that inadvertently the necessary documents were kept in other files, as such, it could not be produced, when the suit was filed, along -with the list of the documents with the plaint. The learned Court below after considering the same, rejected the said application under Order 7 Rule 14(3) of C.P.C. on 17.03.2005 and thereafter, recorded the statement of plaintiff on 24.03.2005. Lastly the judgment and decree was passed on 13th April, 2005, whereby the suit filed by the plaintiff was dismissed by observing that documents have not been filed in the suit consequently the claim made was not proved. Primarily challenge is to such order, whereby the right to file the documents was denied, consequently, the suit filed by the plaintiff was dismissed.