Dismissed

Musmat Devmati Kunwar and Anr. v. Brahmdev Prasad and Ors.

Patna HC7 Aug 2015CWJC/20341/2010

Case brief

AI extract

What is this about?

The Patna High Court dismissed a petition under Article 227 seeking to re-appraise the trial court's rejection of a belated application to bring documents on record. The court held the trial court correctly denied the request as it violated the Code of Civil Procedure.

What did the court decide?

Petition under Art. 227 dismissed; no documents allowed to be brought on record.

Musmat Devmati Kunwar and Anr. Vs Brahmdev… — Civil Procedure and Limitation | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20341 of 2010

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====================================================== 1. Musmat Devmati Kunwar W/O Late Adya Shukla R/O Vill.- Pataura, Tole- Baswaria, P.S.- Motihari Muffasil, Distt.- East Champaran At Motihari 2. Shri Narayan Shukul S/O Late Adya Shukla R/O Vill.- Pataura, ToleBaswaria, P.S.- Motihari Muffasil, Distt.- East Champaran At Motihari

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.... .... (Plaintiffs) Petitioners Versus 1. Brahmdev Prasad S/O Late Bisheshar Mahto R/O Vill.- Pataura, TolaBaswaria, P.S.- Motihari Muffasil, Distt.- East Champaran At Motihari 2. Mahendra Prasad S/O Brahmdev Prasad R/O Vill.- Pataura, TolaBaswaria, P.S.- Motihari Muffasil, Distt.- East Champaran At Motihari …… Defendant 1^st set/Respondents.

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Dhruv Prasad S/O Bahadur Mahto R/O Vill.- Pataura, Tola- Baswaria, P.S.- Motihari Muffasil, Distt.- East Champaran At Motihari …… Defendant 2^nd set/Respondent. 4. Smt. Janki Devi W/O Ramyash Pandey And D/O Late Jhingan Sukul R/O Vill.- Pataura, Tola- Baswaria, P.S.- Motihari Muffasil, Distt.- East Champaran At Motihari

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.... .... Respondents

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====================================================== Appearance : For the Petitioner/s : Mr. Amrendra Kumar @ Dr. Amre For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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2 07-08-2015 At a very belated stage, the plaintiffs sought few documents to be brought on record by filing an application on 6.7.2010 which has been considered and rejected by the learned Sub-Judge-5, Motihari in Title Suit no. 128 of 2006. The evidence of the plaintiffs was closed on 11.6.2009 and subsequently that of the defendants. At this juncture, a petition was filed for exhibiting the documents which was objected by the defendants by filing rejoinder. The trial Court found that in view of the amended

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Patna High Court CWJC No.20341 of 2010 (2) dt.07-08-2015

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provisions of the Code of Civil Procedure (for short ‘the Code’) any such document ought to have been filed before adducing oral evidence along with the plaint. In fact, details of such documents were filed by the plaintiffs. At this belated stage, few documents sought to be filed by the plaintiffs was not found subservient to the cause of justice inasmuch as opposed to the provision of the Code. The trial Court also noticed that these documents were in possession of the plaintiffs yet the same were not filed by the plaintiffs before adducing the evidence. The reasons assigned by the trial Court for rejecting the application of the petitioners cannot be re-appraised by this Court in exercise of its power of superintendence under Article 227 of the Constitution of India. Finding no merit in the application , the same is dismissed.

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(Kishore Kumar Mandal, J)

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Shyam/-

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Musmat Devmati Kunwar and Anr. v. Brahmdev Prasad and Ors.

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Musmat Devmati Kunwar and Anr. v. Brahmdev Prasad and Ors.

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