ASHOK CHOUDHARY Vs. GWALIOR DAIRY LTD & ORS

JUDGEMENT

(1.) Petitioner has filed this writ petition under Article 227 of the Constitution of India being aggrieved by the order dated 24/11/2015 passed by Vth Additional District Judge Gwalior in Civil Suit No. 67A/14 whereby, three applications filed by the plaintiff under the provisions of Order 13 Rule 10 read with Section 151 CPC, Order 7 Rule 14(3) read with Section 151 CPC and one under Order 1 Rule 10 read with Section 151 CPC have been rejected.

(2.) It is petitioner's contention that the first application under Order 7 Rule 14(3) CPC was filed for taking certain documents on record. Since, those documents were not legible, therefore, another application under Order 13 Rule 10 CPC was filed to summon records of such cases from the Revenue Authorities, certified copies of which were filed by the plaintiff under the provisions of Order 7 Rule 14(3) CPC. It is also submitted that plaintiff had filed an application under Order 1 Rule 10 CPC to implead the beneficiary of the will of Thakurdas s/o Manpal Choudhary namely Piyush Thapak s/o Kailash Narayan as a party.

(3.) Learned counsel for the petitioner submits that these three applications have been dismissed by the trial court in a very casual manner without appreciating the facts in the correct perspective and also without taking cognizance of the fact that petitioner/plaintiff is the share holder of defendant No.1/Gwalior Dairy Ltd. and once the documents were not readable, then application under Order 13 Rule 10 read with Section 151 CPC was filed to call the original record and therefore these applications should have been allowed. It is also submitted that since defendant No. 3 Thakur Das was one of the purchaser of the disputed land and he died during the pendency of the proceedings, therefore, it was necessary to bring his legal heir Piyush Thapak on record as Piyush Thapak had inherited estate of said Thakur Das.