ADITYA KUMAR PALTA Vs. HARISHANKAR

JUDGEMENT

(1.) THE petitioner/ defendant No.1 has filed this writ petition under Article 227 of the Constitution of India for issuing appropriate writ in the nature of certiorari to quash the impugned order dated 7.3.2012 (Annexure P-7) whereby his application under Section 151 of CPC for appropriate direction to the Secretory, Gram Panchayat, Pondi, Janpad Panchayat Rithi Tahsil Katni to produce the book of the death Certificate of deceased plaintiff No.1 Rammi Bai showing her death on 8.7.2010 has been dismissed. Pursuant to it, the prayer for appropriate direction to the trial Court for summoning the original record as prayed in the aforesaid application (Ann. P.6) is also made.

(2.) THE petitioner's counsel after taking me through the averments of the petition as well as the papers placed on the record by referring para 5-A of the written statement (Ann. P.2) argued that in order to prove the actual date of death of deceased plaintiff No.1 Rammi Bai w/o Ramcharan Kachhi such record is necessary because after her death on behalf of the respondent/ plaintiff an application under Order 22 Rule 3 of CPC (Ann. P.3) to delete her name from the array of the suit was filed contending that her legal representatives the other plaintiffs are already on record. Such application was filed along with death certificate issued with the signature of Hari Shankar on 8.7.2012 (Ann. P.4). According to which such plaintiff was died on 5.7.2010. In such certificate the name of her husband was not mentioned, the same was also not having any official seal of the concerning authority who issued such certificate. He further argued that in the death certificate obtained by the petitioner with the signature of Sarpanch dated 11.10.2011 the name of the deceased was mentioned as Rammi Bai w/o Ramdas Kachhi showing the date of death 5.7.2010 (Ann. P.5) while in the plaint (Ann. P.1) the name of the plaintiff No.1 Rammi Bai w/o Ramcharan Kachhi is mentioned. Accordingly, the wrong name of her husband Ramdas at the place of Ramcharan Kachhi is mentioned in Annexure P.5. In order to resolve the controversy the original record of the death certificate book is necessary and in the lack of it the petitioner could not prove his pleadings stated in para 5-A of amended written statement and prayed to quash the impugned order dated 7.3.2012 by allowing his application (Ann. P.6) with a appropriate direction to the trial Court to summon the original record of the aforesaid death certificate of Annexure P.4 and P.5.

(3.) TRUE it is that in the death certificate (Ann. P.4) filed along with application Annexure P.3 the name of the husband of Rammi Bai is not mentioned and same is not having any official seal of the concerning authority. The same is signed by one Harishankar but in such certificate book number, serial number and registration number and date of death of said Rammi Bai 5.7.2010 has been mentioned. Subsequent to it another death certificate (Ann. P.5) of deceased Rammi Bai was obtained by the petitioner with the signature of Bhagwandas, Sarpanch of such Grampanchayat Pondi on 11.9.2011. in such certificate the name of Ramdas is mentioned as husband of the deceased but in such certificate also the date of death 5.7.2010 is mentioned.