RAM PRASAD CHOWDHURY Vs. DEBU CHAMAR

JUDGEMENT

(1.) The present case is taken up through video conferencing.

(2.) The present Civil Miscellaneous Petition has been filed for quashing the order dtd. 7/6/2021 passed by the District Judge-VIII, Dhanbad in Civil Appeal No. 51 of 2019 whereby the petitions dtd. 26/2/2021 and 1/3/2021 both filed by the petitioners under Order XLI rule 27 read with Sec. 151 of CPC making payer to pass an order for taking certain documents as additional evidence as well as petition dtd. 1/3/2021 filed under Order VI rule 17 read with Sec. 151 of CPC seeking amendment of plaint at appellate stage have been dismissed with cost of Rs.5,000.00 each i.e Rs.15,000.00.

(3.) The learned counsel for the petitioners submits that the plaintiffs/ petitioners/their ancestors had preferred a suit being T.S. No. 150 of 2006 for declaration of their right, title, interest and confirmation of possession over the land situated at Mouza- Chhota Pichhari, Mauza No. 85, P.S - Barwadda, District -Dhanbad under Khata No. 123, Plot No. 1226 measuring an area of 1 acre, plot No. 1206 measuring an area of 68 decimals and plot No. 1605 measuring an area 33 decimals (in total 2.01 acres) (hereinafter to be referred as "the said land"). It was further prayed by them for a decree of declaration that the settlement made by the respondent-State in favour of the private respondents/their ancestors for the said land is null and void and not binding on the plaintiffs/ petitioners and also for a decree of permanent injunction, restraining the defendants/respondents, their men, agents, staff and officials from interfering with the peaceful possession of the plaintiffs over the said land and also not to give delivery of possession of the same to the private respondents/their ancestors. The said suit was decreed in favour of the petitioners/their ancestors vide judgment dtd. 15/2/2019 (decree prepared on 23/2/2019) passed by the Civil Judge (Jr.Div.)-I, Dhanbad. Aggrieved with the said order, the private respondents preferred appeal being Civil Appeal No. 51 of 2019 and during the pendency of the said appeal, the petitioners preferred petitions dtd. 26/2/2021 and 1/3/2021 both under Order XLI rule 27 read with Sec. 151 CPC seeking the permission of the court to bring on record certain documents as additional evidence at the appellate stage. The petitioners also preferred a petition under Order VI rule 17 read with Sec. 151 CPC dtd. 1/3/2021 praying certain amendments in the plaint. However, all the three petitions were rejected by the learned Additional District Judge- VIII, Dhanbad vide a common order dtd. 7/6/2021 and cost of Rs.5000.00 each i.e total Rs.15,000.00 was imposed upon them to be paid to the private respondents/appellants.