ANGOORI DEVI Vs. RAJENDRA SHARMA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dated 10.12.2019 passed by 13 th Additional District Judge, Gwalior in Civil Suit No.39A/2010 by which the petitioner has been denied the opportunity to put questions to the plaintiff regarding the criminal case registered against him.

(2.) The necessary facts for disposal of the present petition in short are that respondent No.1 Rajendra Sharma (plaintiff) has filed a suit for specific performance of contract, declaration as well as for permanent injunction. It appears that the petitioner has lodged a FIR against the plaintiff on the ground that the agreement to sale is a forged document. When the cross-examination of the plaintiff was going on, the petitioner tried to put certain questions with regard to the pendency of the criminal case which has been denied by the Trial Court and, accordingly, this petition has been filed.

(3.) It is submitted by the counsel for the petitioner that since the suit has been filed for specific performance of contract and on the FIR lodged by the petitioner, the plaintiff is already facing a criminal prosecution on the allegation that the said agreement to sale is a THE HIGH COURT OF MADHYA PRADESH M.P. No.6885/2019 Smt. Angoori Devi vs. Rajendra Sharma and Ors. forged document, therefore, the questions sought to be put by the petitioner are relevant for the just disposal of the suit and the Trial Court has committed material illegality by rejecting the prayer of the petitioner to put the questions with regard to the pendency of the criminal case.