M/S Madhoram And Sons vs Jaiprakash
2025 Latest Caselaw 773 Chatt

Chattisgarh High Court

M/S Madhoram And Sons vs Jaiprakash on 25 July, 2025

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                           HIGH COURT OF CHHATTISGARH AT BILASPUR

                                               SA No. 490 of 2017

                      M/s Madhoram and Sons & Another versus Jaiprakash & Another

                                                  Order Sheet



                    25.07.2025         Mr. Y.C. Sharma, Senior Advocate along with Mr.

                                 Aishwary Diwan & Mr. Anjay Mishra, counsel for the

                                 appellants.

                                       Mr. Vipin Punjabi, counsel for respondent No. 1.

Mr. Kalpesh Ruparel, Panel Lawyer for the State.

Learned Senior counsel for the appellants would

submit that they have searched the document from

various forums then only it is revealed that it is in

existence document, and accordingly, they have moved

an application under Order 41 Rule 27 of CPC before the

learned first appellate Court which has been rejected

without considering the relevancy on the count that the

same has been produced after the trial is over, therefore, Digitally signed by MANISH MANISH YADAV YADAV Date:

2025.07.25 17:35:07 +0530

to substantiate his further submission he would pray for

time to clarify that the documents were not in possession

of the defendants, as such, despite due diligence the

same have not produced before the trial Court. He would

further submit that if defendants have pleaded to establish

that the fraud has been committed by the plaintiff, then

the entire judgment and decree is liable to be vitiated as

fraud vitiates everything.

Let the submission made in this regard on the next

date of hearing.

List this case on 13th August, 2025.

Sd/-

(Narendra Kumar Vyas) Judge

Manish