[Cites 3, Cited by 0]
Madhya Pradesh High Court
Rajendra Gehlod vs Taranchand (Decd) Throughlrs. 1.1 Smt. ... on 20 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:5270
1 MP-923-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 20th OF FEBRUARY, 2026
MISC. PETITION No. 923 of 2026
RAJENDRA GEHLOD S/O SHRI DAGDU JI GEHLOD
Versus
TARANCHAND S/O SHIVAJI GURJAR (DECEASED)
THROUGH LEGAL REPRESENTATIVES
SMT. ARUNA W/O LATE SHRI TARACHAND
AND OTHERS
Appearance:
Petitioner - plaintiff by Shri Lokesh Mehta - Advocate.
ORDER
This petition under Article 227 of the Constitution of India has been
filed against impugned order dated 31.01.2026 (Annexure P/1) passed in
Regular Civil Suit No.22-A of 2020 by the learned 2 nd Civil Judge, Junior
Division, Sanawad, District Khargone (MP), whereby an application (IA No.
1 of 2026) dated 22.01.2026 (Annexure P/3) filed under Order 14 Rule 5 of
the Code of Civil Procedure, 1908 (hereinafter referred to as the Code) and
another application (IA No.2 of 2026) dated 22.01.2026 (Annexure P/4) filed
under Order 7 Rule 15 read with Section 151 of the Code on behalf of the
plaintiff have been rejected.
2. Learned counsel for the petitioner - plaintiff submits that during
pendency of Regular Civil Appeal No.10 of 2022, some relevant documents
through an application under Order 41 Rule 27 of the Code were filed and
NEUTRAL CITATION NO. 2026:MPHC-IND:5270
2 MP-923-2026
those documents were taken to be allowed on record vide judgment and
order dated 03.12.2025 (Annexure P/2) and after that, the case was remanded
back by restoring the regular civil suit on its original number and will decide
the matter afresh, after taking into consideration the Commissioner's Report
in compliance of order dated 16.02.2021 and Civil Engineer, Sanawad will
also be summoned for examination and cross-examination by the parties and
after affording complete opportunity to the parties, the matter will be decided
afresh.
3. Learned counsel further submits that after remand, the plaintiff filed
an application under Order 7 Rule 14 of the Code before the learned trial
Court to take on record the original documents which were filed before the
learned appellate Court under Order 41 Rule 27 of the Code, but the same
has been mechanically rejected by the impugned order, without using
judicial discretion. These documents are necessary for resolving the dispute
in the civil suit, therefore, prays for allowing the petition and setting aside
the impugned order.
4. Heard and considered the submissions raised at Bar and perused the
record.
5. It is not in dispute that judgment / order passed in Regular Civil
Suit No.22-A of 2020, when challenged in Regular Civil Appeal No.10 of
2022, learned appellate Court after taking into the record the documents filed
with the application under Order 41 Rule 27 of the Code, has directed
remand, as mentioned herein above. Therefore, original of those documents
should have been taken on record, so that they may be exhibited during
NEUTRAL CITATION NO. 2026:MPHC-IND:5270
3 MP-923-2026
evidence, even some other documents (if they are relevant) for resolving the
controversy should also be allowed to be taken on record.
6. Accordingly, impugned order passed by the Court below is not in
accordance with law, hence by allowing this petition, impugned order passed
on an application under Order 7 Rule 14 of the Code is set aside.
Application (Annexure P/4) filed under Order 7 Rule 14 of the Code is
allowed; and with regard to application (Annexure P/3) filed under Order 14
Rule 5 of the Code is concerned, it will be left open to the wisdom of the
learned trial Court to frame necessary issue (s), if required. Learned trial
Court, if finds it necessary that any other issue is required to be framed for
resolving the controversy in dispute, then certainly, issue may be framed and
opportunity of leading evidence on the same should also be awarded.
7. Accordingly, Miscellaneous Petition No.923 of 2026 is allowed and
disposed off.
Pending interlocutory application, if any, also stands disposed off.
(BINOD KUMAR DWIVEDI)
JUDGE
rcp
