Asgarali vs Rajendra
2024 Latest Caselaw 21515 MP

Madhya Pradesh High Court

Asgarali vs Rajendra on 7 August, 2024

                                                             1                           MP-2553-2023
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                        BEFORE
                                         HON'BLE SHRI JUSTICE GAJENDRA SINGH
                                                 ON THE 7 th OF AUGUST, 2024
                                               MISC. PETITION No. 2553 of 2023
                                                        ASGARALI
                                                          Versus
                                                   RAJENDRA AND OTHERS
                         Appearance:
                                 Shri Abhishek Tugnawat, learned counsel for the Petitioner.

                                 Shri Anirudh Malpani, learned counsel for the respondent/State.

                                                              ORDER

This Misc. Petition under Article 227 of the Constitution of India is preferred challenging the validity of order dated 26.04.2023 (Annexure P/5) in RCSA No.98/2016 by Civil Judge, Senior Division, Sitamau, District Mandsaur whereby an application preferred by the petitioner/defendant under Order 13 Rule 10 of C.P.C. for summon the record of Civil Suit No.365A/1988 decided on 22.08.1988 has been rejected.

Facts of the case in short are as under;-

[2] The respondent Nos. 1 to 4 filed Civil Suit through plaint against the petitioner and respondent No.5 seeking nullity of declaration of judgment and decree dated 22.08.1988 in Civil Suit No.365A/1988 on the ground that the decree has been obtained by forgery and permanent injunction. In that Civil Suit, the defendant No.1 prayed for summoning the record from the record room of the same establishment but the application was rejected

2 MP-2553-2023 recording the finding that earlier application filed on behalf of plaintiff/respondent No.1 has been rejected twice and certified copies of the matter have been placed on record.

[3] No one for the respondent No.1 to 4 appeared. [4] When the controversy relates to genuineness of signatures then the reasons for rejecting the application are not proper.

[5] Accordingly, order dated order dated 26.04.2023 is set aside. Application (Annexure P/3) is allowed. The Trial Court has to be proceed in the case after summoning the record.

With the aforesaid, Misc.Petition is disposed of.

(GAJENDRA SINGH) JUDGE

Praveen