In Chhattisgarh High Court, a writ petition challenging the rejection of an application under Section 138 of the Evidence Act was dismissed as infructuous since the underlying civil suit had finally been decided by the trial court.
Petition dismissed as infructuous. Petitioner granted liberty to raise issues before the competent forum if occasion arises.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
W.P.(227) No. 453 of 2019
---- Petitioners/ LRs of Def No.14
Versus
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| ---- Respondents/ non-applicants | |
|---|---|
| For Petitioners | : Shri Vivek Bhakta, Advocate. |
| For Respondent No.6/ State | : Ms. Pushplata Khalkho, P.L. |
Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board
13.09.2022
(1) This petition is filed against the rejection of an application moved under Section 138 of the Evidence Act read with Order 16 Rule 3 of Civil Procedure Code in Civil Suit No.119A of 2013 dated 27.4.2019 by the learned Second Civil Judge, Class-I, Ambikapur, Surguja , District Surguja.
(2) Learned counsel for the petitioners on instructions submits that the civil suit has finally been decided by the learned trial Court and thus, nothing remains in this petition.
(3) Considering the statement made by counsel for the petitioners, the petition is dismissed being rendered infructuous.
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(5) The petitioner is granted liberty to raise issue involved in this petition before the competent forum, if occasion arises.
Sd/-
(Rakesh Mohan Pandey) Judge
Nimmi
1 issue framed by the court
Whether the petition which is rendered infructuous as the underlying civil suit has been finally decided should be allowed.
2 provisions across 2 enactments
Fulmati S/o Late Ram Swarath Sahu
Ram Kishun S/o Shri Ram Swarath Sahu
Gopi Kishan S/o Shri Ram Swarath Sahu
Injoriya Bai Wd/o Late Amar Sai
State Of Chhattisgarh
Rakesh Mohan Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
