Dismissed

Narayan Singh Through Lrs v. Jagannath Singh

Chhattisgarh HC17 Aug 2017WP227/302/2017

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh dismissed a writ petition challenging a trial Court order that denied leave for re-examination of witnesses. The petitioners were allowed cross-examination on a second affidavit in 2012 but sought re-examination five years later. The court held the trial court acted correctly.

What did the court decide?

Application for re-examination of plaintiffs' witnesses was not allowed.

Narayan Singh Through Lrs Vs Jagannath… — Civil Procedure and Limitation | Chhattisgarh HC (2017)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WP227 No. 302 of 2017

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(Arising out of order dated 9.3.2017 in Civil Suit No. 96-A/2002 of the Civil Judge, Class-I, Gharghoda, District Raigarh)

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Narayan Singh Through Lrs

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1. (a) Girija Aged about 36 Years D/o. Narayan Singh R/o. Sarangarh, District Raigarh (Chhattisgarh)

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1. (b) Tarun Kumar Aged about 36 Years S/o. Narayan Singh, R/o. Village Gharghora, District Sarangarh (Chhattisgarh)

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Sonkar Singh, S/o. Chatur Singh, Aged About 58 Years R/o. Village Gharghoda, District Raigarh (Chhattisgarh)

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Rameshwari, W/o. Late Raghuraj Singh Aged About 42 Years R/o. Village Gharghoda, District Raigarh (Chhattisgarh)

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Sunil, S/o. Raghunaj Singh, Aged About 25 Years R/o. Village Gharghoda, District Raigarh (Chhattisgarh)

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Nandani, D/o. Raghuraj Singh, Aged About 20 Years R/o. Village Gharghoda, District Raigarh (Chhattisgarh)

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Yasoda, S/o. Raghuraj Singh, Aged About 20 Years R/o. Village Gharghoda, District Raigarh (Chhattisgarh)

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Jaishri, D/o. Raghuraj Singh, Aged About 18 Years R/o. Village Gharghoda, District Raigarh (Chhattisgarh)

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Chitrabhan Singh, S/o. Chatur Singh, Aged About 55 Years R/o. Village Gharghoda, District Raigarh (Chhattisgarh) ….. (Defendants)

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---- Petitioner

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Versus

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Jagannath Singh S/o. Chatur Singh, Aged About 40 Years Caste Kshtriya, Occupation Agriculturist, At Present R/o Village Dharamjaigarh, Raiyyat Gharghoda, Tahsil Gharghoda, District Raigarh (Chhattisgarh)

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Komal S/o. Narayan Singh, Aged About 30 Years R/o. Village & Post Gharghora, District Raigarh (Chhattisgarh)

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State Of Chhattisgarh, Through : Collector, Raigarh, District Raigarh (Chhattisgarh) …... (Plaintiffs)

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---- Respondents

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For Petitioners : Shri R.S. Patel, Advocate. For Respondents No. 1 &2 : Shri Vaibhav A. Goverdhan, Advocate. For Respondent No. 3 : Shri Gary Mukhopadhyaya, Dy. Govt. Advocate.

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Hon'ble Shri Justice Sanjay K. Agrawal

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Order On Board

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17/08/2017

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(1) Learned counsel appearing for the petitioner would submit that he may be allowed to cross examine plaintiffs' witnesses on the basis of second affidavit dated 05.07.2012 and the trial Court has committed legal error in not allowing the same by the impugned order, which is liable to be and is hereby dismissed.

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(2) Learned counsel for respondents No. 1 & 2/plaintiffs would submit that the defendants have already cross-examined the plaintiffs' witnesses on the basis of second affidavit dated 05.07.2012 and the application for reexamination of the plaintiffs' witneesse was filed after five years i.e. on 4.2.2017 and, therefore, impugned order passed by the trial Court is strictly in accordance with law,

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(3) I have heard learned counsel appearing for the parties and perused the order impugned with utmost circumspection.

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(4) Since the petitioner has already cross-examined the plaintiffs' witnesses on the basis of second affidavit dated 5.7.2012 and the appliction for reexamination was filed after five years, i.e. on 4.2.2017, therefore, the trial Court has rightly exercised its discretion in dismissing the application filed by the defendants, which cannot be said to be perverse or contrary to law and, therefore, I do not find any illegalty in the order impugned warranting interference by this Court under Article 227 of the Constitution of India.

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(5) Accordingly, the writ petition fails and is hereby dismissed.

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Sd/-

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(Sanjay K. Agrawal) Judge

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D/-

Narayan Singh Through Lrs v. Jagannath Singh

Case brief

What is this about?

What did the court decide?

Narayan Singh Through Lrs v. Jagannath Singh

Case brief

What is this about?

What did the court decide?

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