Citation : 2021 Latest Caselaw 8314 MP
Judgement Date : 6 December, 2021
1 MP-4440-2021
The High Court Of Madhya Pradesh
MP No. 4440 of 2021
(BHAGWAN SHRI RAM JANKI MANDIR BARA KALAN AND OTHERS Vs COLLECTOR AND OTHERS)
Jabalpur, Dated : 06-12-2021 Shri Ajay Pal Singh, learned counsel for the petitioners.
He is heard on the question of admission.
By the instant petition, the petitioners are challenging the order dated 23.11.2021 (Annexure P/3) passed by the Court below rejecting the application filed by the plaintiffs/petitioners under Order 7 Rule 14 of the
Code of Civil Procedure whereby the plaintiffs were asking to bring the document on record but the trial Court has rejected the application on the ground that plaintiffs' evidence has already been closed.
After hearing the arguments and perusing the impugned order, it is gathered that the document which was sought to be brought on record is nothing but a certified copy of the judgment passed by the trial Court in a suit filed by the defendants and other document relates to khasra entries. The trial Court rejected the application for bringing those documents on record as that would not cause any prejudice to the petitioners because petitioners wanted
to bring those documents on record for the purpose of recording the evidence on the said aspect. Petitioners/plaintiffs can use those documents during course of cross-examination of the defendants' witnesses because those documents so far as judgment is concerned relates to the order passed in civil suit filed by the defendants and the other document is a public document which is not required to be brought on record. The Plaintiffs/petitioners themselves are saying that the revenue officers are to be examined during course of trial and that document can be used by the plaintiffs/petitioners during course of cross-examination.
In view of the above, I do not find that any prejudice would cause to the petitioners after rejection of the application under Order 7 Rule 14 of CPC. The documents can be used by the plaintiffs/petitioners during the course of cross-examination.
Signature Not Verified
SAN
Digitally signed by SATYA SAI RAO
Date: 2021.12.07 11:45:56 IST
2 MP-4440-2021
Petition as such, is disposed of with the aforesaid observations.
(SANJAY DWIVEDI) JUDGE
rao
Signature Not Verified SAN
Digitally signed by SATYA SAI RAO Date: 2021.12.07 11:45:56 IST
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