Madhya Pradesh High Court
Mahaveer Jain vs Sumitra Bai on 21 August, 2025
Author: Hirdesh
Bench: Hirdesh
NEUTRAL CITATION NO. 2025:MPHC-GWL:18492
1 MP-4898-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE HIRDESH
ON THE 21st OF AUGUST, 2025
MISC. PETITION No. 4898 of 2024
MAHAVEER JAIN AND OTHERS
Versus
SUMITRA BAI AND OTHERS
Appearance:
Shri Anuraj Saxena- Advocate for petittioners.
ORDER
This misc. petition under Article 227 of the Constitution of India has
been preferred by petitioners/plaintiffs being aggrieved by the order dated
14/08/2024(Annexure P-1) passed in RCSA No.58/2022 by First Civil
Judge, Senior Division, Khaniyadana, District Shivpuri whereby trial Court
has rejected the application under Order 7 Rule 14 read with Section 151 of
CPC for taking documents on record filed by the petitioners/plaintiffs.
2. It is submissions of the petitioners that the petitioners filed a civil
suit for declaration of title and permanent injunction against the
respondents/defendants in respect of suit land which the petitioners claimed
to have purchased via registered sale deed. Thereafter, counsel for
respondents/defendants filed their written statements before the Trial Court
and denied all averments. During trial, petitioners moved an application
under Order 7 Rule 14 read with Section 151 of CPC for taking documents
on record.
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3. It is further submitted that the trial Court after hearing both the
parties, rejected the application filed by petitioners on the ground that no
specific ground has been mentioned by the petitioners in the application
that, why the documents have not been produced before commencement of a
trial and no reason has been given by the petitioners in the application that
why these documents were filed after a long delay.
4. Being aggrieved by the impugned order, counsel for petitioners
filed this petition and submitted that the impugned order passed by trial
Court is contrary to law and deserves to be set aside. Learned trial Court has
committed error in rejection of the application on the ground of delay.
Hence, prayed for setting aside the impugned order.
5. Learned counsel for respondents supported the impugned order and
prays for rejection of this petition.
6. Heard counsel for the both the parties and perused the entire
documents produced with this petition.
7. The Division Bench of this Court in the case of Manoj Gupta Vs.
Sharma Advertising reported in 2025 (1) MPLJ 610 held as under:-
Procedure is handmaid of justice. Procedural and technical hurdles
shall not be allowed to come in a way of Court while doing
substantial justice, if procedural violation does not seriously cause
prejudice to adversary party, Court must lean towards doing
substantial justice rather than relying upon procedural and
technical violation.
8. In the present case, trial Court has rejected the application only on
the ground of delay and it is clear that suit is at initial stage and petitioners'
evidence was not commenced and documents filed are alleged to be certified
copy of the sale deed therefore, merely on the ground of delay, trial Court
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has rejected the application under Order 7 Rule 14 of CPC read with Section
151 of CPC which is incorrect in the eye of law and accordingly impugned
order dated 14/08/2024 is hereby set-aside.
9. This Court, in the light of the aforesaid judgment, holds that the
present application under Order 7 Rule 14 of CPC read with Section 151 of
the CPC deserves to be and is hereby allowed and Trial Court is directed to
place on record the documents which are alongwith application filed by the
petitioner.
10. A liberty is granted to respondents/defendants to rebut plaintiff's
evidence in trial and the learned trial Court is directed to proceed further with
the case in accordance with law on the basis of evidence of both parties,
which would come on record.
11. With the aforesaid directions, this petition is allowed and disposed
of.
(HIRDESH)
JUDGE
Prachi
