BHAWAAN SINGH Vs. SANTOSH

JUDGEMENT

(1.) By this petition preferred under Article 227 of the Constitution of India the petitioner/plaintiff has challenged the order dtd. 18/10/2022 passed in Civil Suit No.77-A/2020 by the Second Additional Judge to the Court of First Civil Judge, Senior Block, Jhabua, District Jhabua whereby it has rejected an application under Order 7 Rule 14 (3) of the CPC filed by him for taking additional documents on record.

(2.) The plaintiff has instituted an action against the defendants for declaration of his 1/3rd share in the suit land, partition and delivery of separate possession, permanent injunction and declaration that the sale deeds executed by defendants 1 and 2 in favour of defendants 3 to 6 in respect of the suit land are null and void. The defendant No.1 has contested the plaintiff's claim by filing his written statement. On the basis of pleadings of the parties issues were framed by the trial Court and thereafter both the parties adduced oral as well as documentary evidence in support of their respective contentions. The parties then closed their evidence and the case was fixed for final hearing.

(3.) Thereafter the plaintiff filed an application under Order 7 Rule 14 (3) of the CPC for taking on record statement of defendant No.1 and his sister recorded in a criminal case as additional evidence wherein they deposed that the suit land was purchased by their father. The defendants contested the application by filing their reply. The application has been rejected by the trial Court by the impugned order by observing that plaintiff always had knowledge of the documents which he has sought to produce, that no reason has been given by him as to why the same were not produced earlier and that there is no pleading in the plaint as regards those documents.