MUNNA LAL GUPTA Vs. STATE OF M.P

JUDGEMENT

(1.) THE petitioner / plaintiff has filed this petition under Article 227 of the Constitution feeling dissatisfied with the order passed by the First Additional District Judge, Dabra in Civil Suit No. 50A/2011 dated 20.03.2014. The Court below by the said order disallowed the application of the petitioner preferred under Order 13 Rule 10 C.P.C (Annexure P/4).

(2.) IN the aforesaid Civil Suit, the petitioner filed an application Annexure P/4 and prayed that the registered sale deeds dated 13.12.1949 and 04.11.1958 which were filed in earlier case No. 1A/61 ( filed before IV Civil Judge Class -II, Gwalior) be summoned along with the record. The Court below rejected this application on the ground that in the earlier suit, the house number was shown as No. 80, whereas in the present suit, the house number is different and therefore, the earlier sale deeds have no relation and relevance with the present matter.

(3.) SHRI Arvind Dudawat, learned counsel for the petitioner submits that both the houses are same. In other words, he contended that the house which was subject matter of sale deeds aforesaid are same which is subject matter of the instant suit. However, the Municipality has changed the house number and therefore, there is an ambiguity. He submits that said documents are relevant.