RANUBAI Vs. BASANTI BAI

JUDGEMENT

(1.) This petition has been filed by the petitioners/defendants No.1 and 4 under Article 227 of the Constitution of India, against order dtd. 10/12/2022, passed by the third Civil Judge Senior Division Dhar in RCSA No.101/2017; whereby, the petitioner/defendants No.1 and 4's application filed under Order 13 rule 10 of the Code of Civil Procedure, 1908 (hereinafter to be referred to as 'CPC') to bring certain documents in evidence, has been rejected.

(2.) In brief, the facts of the case are that respondent No.1 Bastanti Bai has filed the Civil Suit for declaration, perpetual injunction, partition and recovery of the amount of the award in a land acquisition proceedings. In the aforesaid civil suit, the case is at the stage of recording of evidence of the plaintiff, and during which initially an application under Order 13 rule 10 of the CPC dtd. 3/8/2022 was filed by the petitioners (Annexure P-6) to call for the record of Tehsil Court on the ground that in the aforesaid proceedings in the Court of Tahsildar, the plaintiff had admitted the factum of partition and on that basis the order has been passed by the Tahsildar on 10/2/2016. The certified copies of which have also been placed on record. The aforesaid applications has been dismissed by the learned judge of the trial Court on 30/9/2022 holding that the plaintiff has unnecessarily filed the application only to drag the case as the plaintiff could have filed legible certified copies of the aforesaid proceedings instead of seeking the original record from the Tahsildar's Court.

(3.) In respect of the aforesaid order dtd. 30/9/2022, an application for review was also filed on 9/11/2022, and subsequently another application under Order 13 rule 10 of the CPC was filed on 6/12/2022. Both these applications have been rejected by the learned judge of the trial Court vide impugned order dtd. 12/10/2022, holding that the defendants were aware of the denial of the said partition since 2019, and since the certified copies of the proceedings have already been placed on record, and as the earlier application has also been dismissed by the said Court on 30/9/2022, no case for review is made out.