Jharkhand High Court
Champa Devi vs Raja Radhu Nandan Singh on 30 November, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 3523 of 2019
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Champa Devi, daughter of Late Sadhu Saharn Singh, wife of Late Raja
Ram Singh, Resident of Village - Koderma, Police Station - Koderma,
District - Koderma, At present residing at Village - Badgaun, Police
Station - Sirdala, District - Nawadah (Bihar).
.... .... .... Petitioner
Versus
1. Raja Radhu Nandan Singh, son of Late Bujhawan Singh.
2. Chandan Singh alleged to be son of Late Sadhu Sharan Singh.
Both resident of Village - Koderma, Ward No. 11, Police Station
- Koderma, District - Koderma.
3. Deputy Commissioner, Koderma.
.... .... .... Respondent(s)
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Coram: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioner : Mrs. Rashmi Kumari, Advocate.
For the Respondent No.1 : Mr. Anup Kumar Agarwal, Advocate.
For the Respondent No.2 : Mr. Sachin Kumar, AAG-II
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Judgment
C.A. V. On : 9th October 2023 Pronounced On : 30th November 2023
The present writ petition has been filed for quashing the
order dated 17.05.2019 passed by learned Civil Judge (Sr.
Division)-I, Koderma in Title Suit No. 47 of 2011, whereby and
whereunder the learned court below has rejected the application
dated 20.08.2018 filed by the plaintiff / petitioner for adducing
additional evidence after closure of plaintiff's evidence on the
ground of delay.
2. Learned counsel for the petitioner has submitted that
plaintiff / petitioner has filed Title Suit No. 47 of 2011 seeking
relief for declaration of her right, title and interest in the suit
schedule property and recovery of possession through process of
law as well as declaration of sale deed no. 4987 dated 27.07.2011
executed by one Chandan Singh (defendant no. 2) in favour of
Raja Raghu Nandan Singh (defendant no. 1) to be forged,
fabricated, without any consideration and is void ab initio with
other reliefs which may be deemed fit by the Court.
3. The main case of the plaintiff / petitioner is that she is
daughter of one Sadhu Sharan Singh, who died about 27 years
ago, leaving behind his only daughter Champa Devi (petitioner),
who came into possession after death of her father over the suit
property and looking after the same after her marriage also. The
Sale Deed executed by one Chandan Singh (defendant no. 2) in
favour of Raja Raghu Nandan Singh (defendant no. 1) is
absolutely shame document and on the basis of which, no title
ever passed. The plaintiff / petitioner got information from her
neighbour that defendant has entered into her house after
breaking lock and then she came to know about the said illegal
transaction and thereafter a Complaint Case No. 503/2011 was
lodged by the plaintiff / petitioner, which is pending. It is
specifically pleaded that neither the defendant Chandan Singh nor
the Raja Raghu Nandan Singh had any right, title and interest at
any point of time in the disputed land and the defendants in their
written statement have pleaded that plaintiff is not daughter of
Sadhu Sharan Singh. In order to rebut their contentions and pleas
taken in written statement, the plaintiff / petitioner filed an
application to adduce in evidence her School Leaving Certificate,
which was obtained later on, showing that the name of father of
plaintiff / petitioner is Late Sadhu Sharan Singh, which has been
denied by the learned court below and the same is challenged in
this writ petition.
4. Learned counsel for the respondents has submitted that the
learned court below has rightly rejected the application of the
plaintiff / petitioner as there was no pleading about any study in
any School by the plaintiff / petitioner and said document was
surreptitiously obtained in order to build up the case without
explaining the inordinate delay in filing the said document.
Hence, there is no illegality and infirmity in the impugned order,
which requires any interference by this Court.
5. It appears that the evidence of plaintiff / petitioner was
closed on 28.01.2016, but inadvertently she could not file any
documentary evidence to rebut the plea of the defendants that
plaintiff / petitioner is not daughter of Sadhu Sharan Singh, who
happens to be the owner of the suit property.
6. Apart from other evidence, if School Leaving Certificate is
also proved on behalf of the plaintiff / petitioner, no prejudice is
to be suffered by the defendants. Moreover, the said document
will provide an additional help for just decision of the case and
adjudication of real dispute between the parties.
7. In view of aforesaid discussions and reasons, the present
writ petition is allowed. The impugned order dated 17.05.2019
passed by learned Civil Judge (Senior Division)-I, Koderma in
Title Suit No. 47/2011 is hereby quashed / set aside subject to
payment of cost of Rs. 5,000/- by the petitioner / plaintiff to the
respondents / defendants.
8. The court below shall provide an opportunity to the
plaintiff / petitioner to lead her evidence in accordance with law.
(Pradeep Kumar Srivastava, J.)
Jharkhand High Court at Ranchi
Dated: 30th November 2023
Sunil/N.A.F.R.
