Dismissed

Leela v. Jagdish

Chhattisgarh HC13 Oct 2024WP227/652/2024

Case brief

AI extract

What is this about?

This writ petition under Article 226 challenged the trial court's rejection of an application to admit a death certificate under Order 7 Rule 14 CPC. The High Court held the death certificate was not relevant as the defendant admitted the death, and the petition was dismissed.

What did the court decide?

The petition was dismissed at the motion stage, and the impugned order of the trial court rejecting the application under Order 7 Rule 14 CPC was upheld.

Leela Vs Jagdish — Property and Title | Chhattisgarh HC (2024)

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2024:CGHC:40266

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Digitally signed by AVANISH KUMAR PATHAK Date: 2024.10.17 10:59:29 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 652 of 2024

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NAFR

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1 - Leela S/o. Ledwa Aged About 55 Years Caste - Uraon, R/o. Village - Kurdeg, Tahsil - Bagicha, District - Jashpur (C.G.) At Present R/o. Bakrima, Pahadpara, Ambikapur, District - Surguja (C.G.)

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2 - Siddhnath S/o. Ledwa Aged About 52 Years Caste - Uraon, R/o. Village - Kurdeg, Tahsil - Bagicha, District - Jashpur (C.G.) At Present R/o. Bakrima, Pahadpara, Ambikapur, District - Surguja (C.G.)

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3 - Jagdish S/o. Somardas Aged About 40 Years Caste - Uraon, R/o. Village - Kurdeg, Tahsil - Bagicha, District - Jashpur (C.G.) At Present R/o. Bakrima, Pahadpara, Ambikapur, District - Surguja (C.G.)

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4 - Babulal S/o. Somar Sai Aged About 38 Years Caste - Uraon, R/o. Village - Kurdeg, Tahsil - Bagicha, District - Jashpur (C.G.) At Present R/o. Bakrima, Pahadpara, Ambikapur, District - Surguja (C.G.)

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5 - Ganga S/o. Somar Sai Aged About 36 Years Caste - Uraon, R/o. Village - Kurdeg, Tahsil - Bagicha, District - Jashpur (C.G.) At Present R/o. Bakrima, Pahadpara, Ambikapur, District - Surguja (C.G.)

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... Petitioners

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versus

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1 - Jagdish M/o. Fudna Bai Aged About 65 Years Caste - Uraon, R/o. Kurdeg, Tahsil - Bagicha, District - Jashpur (C.G.)

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2 - Kamil M/o. Fudna Bai Aged About 60 Years Caste - Uraon, R/o. Kurdeg, Tahsil - Bagicha, District - Jashpur (C.G.)

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3 - Johan S/o. Dilsai Aged About 55 Years Caste - Uraon, R/o. Kurdeg, Tahsil - Bagicha, District - Jashpur (C.G.)

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4 - State Of Chhattisgarh Through The Collector, Jashpur (C.G.)

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... Respondents

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For Petitioners : Mr. J.K. Saxena, Adv.

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For Respondents No. 1 to 3 : Mr. Rishabh Gupta, Adv. For respondent No. 4 : Mr. Dashrath Prajapati, PL. (Hon’ble Mr. Naresh Kumar Chandravanshi, J)

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Order on Board

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14/10/2024

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With consent of the parties, heard the matter finally.

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Petitioners have preferred this writ petition under Article 227 of the Constitution of India against the order (Annexure P-1) dated 16-5-2024 passed by the learned Civil Judge Class 2, Bagicha, Distt. Jashpur (CG) in Civil Suit No. 6-A/2019, whereby learned trial Court has rejected the application filed by the petitioners/plaintiffs under Order 7 Rule 14 of the Civil Procedure Code for taking death certificate of Ledwa on record.

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Learned counsel for the petitioners/plaintiffs submits that the petitioners/plaintiffs have filed a civil suit for declaration of cancellation of sale deed and declaration of title, stating inter alia that, Ledwa was the only son of late Jerku. He has two sisters namely Jugni and Fudna. They are the tribal, in which, daughters have no right over the property of father. It is further submitted that, aforesaid civil suit bearing Civil Suit No. 6-A/2019 is pending consideration for defendants’ evidence. During this, the petitioners/plaintiffs filed application under Order 7 Rule 14 of the CPC for taking death certificate of late Ledwa on record, but the same has been dismissed by learned trial Court, whereas the death certificate of late Ledwa is relevant for just decision of the case on merit. The learned trial Court without considering aforesaid fact has dismissed the application filed by the petitioners/plaintiffs. Hence, it is prayed that this petition may be allowed and the trial Court may be directed to take the death certificate of late Ledwa on record.

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Per contra, learned counsel for respondents No. 1 to 3/defendants No. 1 to 3 would submit that, defendants have not disputed the fact that, Ledwa has died, therefore, his death certificate has no relevancy to decide the civil

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suit filed by the plaintiffs. Hence, this petition is liable to be dismissed.

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Heard learned counsel for the parties and perused the material available on record.

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As per the facts mentioned in certified copy of the plaint filed by the petitioners/plaintiffs, the claim of the plaintiffs is that sisters of late Ledwa namely Jugni and Fudna have no right over the suit land as, as per the customs prevailing in tribal, daughters have no right. As contended by learned counsel for the respondents No. 1 to 3/defendants No. 1 to 3, they have not opposed that Ledwa has died. Thus, it is not a matter of dispute that Ledwa has died, therefore, filing his death certificate is found to have no relevancy for just decision of the issue raised by the plaintiffs in the civil suit. That too, death certificate has been filed belatedly at the stage of defendants’ evidence, and the cause shown by the plaintiffs for such delay is not found to be just and proper. Hence, I do not find any good ground to allow instant petition, therefore, the impugned order dated 16-5-2024 passed by the trial Court in Civil Suit No. 6A/2019 is upheld.

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The petition is accordingly dismissed at motion stage.

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Sd/-

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( Naresh Kumar Chandravanshi )

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JUDGE

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Pathak/-

Leela v. Jagdish

Case brief

What is this about?

What did the court decide?

Leela v. Jagdish

Case brief

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