RAVENDRA PRASAD BRAHMIN Vs. SHANKAR PRASAD BRAHMIN

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution of India impugns the order dated 27.10.2017 (Annexure-P/1) passed in C.S. No.103-A/2010, whereby the application of petitioners/defendants No.(1) to (5) filed under Order 13 Rule 10 CPC (Annexure-P/4) dated 06.10.2017 was disallowed.

(2.) Learned counsel for the parties fairly admitted that the instant civil suit was earlier decided by trial Court on 29.03.2014. Civil Appeal No.44-A/2015 was filed by the present petitioners before link Court, Satna which was decided on 11th July, 2017. The appellate Court remitted the matter back before the Court below with certain directions. Mr. Shukla, learned counsel for the petitioners submits that documents sought to be summoned are necessary for lawful adjudication of the matter, which fact can be gathered from rival stands of the parties reduced in writing in the shape of pleadings. In other words, it is contended by Mr. Dhananjay Shukla that a combined reading of plaint averments and written statement shows that the documents sought to be summoned are necessary for lawful adjudication of the matter. Thus, Court below has erred in rejecting the said application.

(3.) Per-contra, Mr. A.K. Shukla, learned counsel for the respondents supported the impugned order and prayed for dismissal of petition.