Allowed

M/S Dears Firms v. Smt. Radha Bai Daga

Chhattisgarh HC19 Mar 2019WP227/190/2019

Case brief

AI extract

What is this about?

This is an order granting liberty to the petitioner to get the questioned document examined by a handwriting expert and produce the report before the trial court, thereby disposing of the writ petition filed against the rejection of such application.

What did the court decide?

Petitioner granted liberty to get the questioned document examined by a handwriting expert and produce the report before the trial court.

M/S Dears Firms Vs Smt. Radha Bai Daga — Civil Procedure and Limitation | Chhattisgarh HC (2019)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Writ Petition (227) No. 190 of 2019

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M/s Dears Firms, Rajnandgaon, Registered Partnership Firms, through its Partnership

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Dinesh Das, at present aged about 65 years, S/o Narendra Das, by caste Vaishnav, R/o Nehru Nagar, G.E. Road, Rajnandgaon (C.G.)

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Akraj Jain at present aged about 61 years, S/o Poonamchand Jain, By Caste Jain, R/o Ramadhin Marg, Tahsil and Distt. Rajnandgaon (C.G.)

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Purushottam Khandelwal, at present aged about 63 years, S/o Rikhiram Khandelwal, R/o Lakholi Road, Tahsil and Distt. Rajnandgaon (C.G.)

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---Petitioners/Plaintiffs

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Versus

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Smt. Radha Bai Daga, aged about 55 years, W/o Murarilal Daga, by Caste Maheshwari, By Occupation House Work, R/o Ganjline, through Moolchand Daga, Ganj Line Tahsil and Distt. Rajnandgaon (C.G.)

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Smt. Subhadra Maheshwari, aged about 55 years, W/o Ballabhdas Maheshwari, By Caste Maheshwari, R/o Purana Civil Lines, Hanuman Mandir, Near Railway Crossing, Post Mukam, Tahsil & Distt. Rajnandgaon (C.G.)

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Smt. Kiran Devi, W/o Om Prakash Somani, thorugh Shri Kisanlal Ji Munda, R/o Jaistamb Chowk, Near New Bus Stop, Post Mukam Gondia, Tahsil and District Gondia (MH)

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Smt. Rabiya Kousar, aged about 33 years, W/o Late Yunus, By Caste Musalman, R/o Bharkapara, Tahsil & Distt. Rajnandgaon (C.G.) (Plaintiff)

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---Respondents

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For Petitioners : Mr. Parag Kotecha, Advocate.

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Hon’ble Shri Justice Sanjay K. Agrawal

Order on Board

19.03.2019

(1) By the impugned order dated 8.2.2019, petitioners' application under Section 45 of the Indian Evidence Act to get the questioned document dated 3.9.1999 by the hand writing expert has been rejected, against which instant writ petition has been filed.

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(2) Counsel for the petitioner would submit that impugned order is bad and unsustainable in law, which is liable to be set aside.

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(3) I have heard learned counsel appearing for the petitioner and considered his submissions and went through the record with utmost circumspection.

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(4) Be that as it may, the petitioner is at liberty to get the questioned document examined by hand writing expert and produce the report of the same before the trial Court and to proceed in accordance with law.

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(5) With the aforesaid observations, the writ petition stands finally disposed of.

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Sd/-

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(Sanjay K. Agrawal) Judge

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M/S Dears Firms v. Smt. Radha Bai Daga

Case brief

What is this about?

What did the court decide?

M/S Dears Firms v. Smt. Radha Bai Daga

Case brief

What is this about?

What did the court decide?

What the court decided

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