Disposed

Gopal Son of Shrichand v. Deep Chand

Rajasthan HC11 Nov 2024CW/10367/2010

Case brief

AI extract

What is this about?

In a writ petition, the High Court disposed of the matter by observing that documents taken on record under Order 41 Rule 27 CPC are to be considered at the final hearing of an appeal. Consequently, the petition against the appellate court's order allowing such documents was disposed of without determining the appeal on merits.

What did the court decide?

The Civil Writ Petition stands disposed of with a direction to the appellate court to decide the appeal after considering the documents taken on record.

Gopal Son of Shrichand Vs Deep Chand — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JP:46516]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 10367/2010

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Gopal Son Of Shrichand, R/o Sent Tehsil Kumer, District Bharatpur (Raj.)

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Prahlad Son Of Shrichand, R/o Sent Tehsil Kumer, District Bharatpur (Raj.)

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----Petitioners

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Versus

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Deep Chand, (Deceased)

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1/1. Narain Singh S/o Late Shri Deep Chand, R/o Village Sent, Tehsil Kumher, Distt. Bharatpur (Raj.)

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1/2. Basmati D/o Late Shri Deep Chand W/o Ramesh Chand Lodha, Resident Of Vankhandi, Mathura (U.p)

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Ramlal, (Deceased)

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2/1. Samnta S/o Late Ramlal, R/o Village Sent, Tehsil Kumher, Distt. Bharatpur (Raj.)

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2/2. Shiv Singh S/o Late Ramlal, R/o Village Sent, Tehsil Kumher, Distt. Bharatpur (Raj.)

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2/3. Udai Singh S/o Late Ramlal, R/o Village Sent, Tehsil Kumher, Distt. Bharatpur (Raj.)

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2/4. Bhagwan Dai D/o Late Ramlal W/o Bijendra Singh, Resident Of Dharamlok Nagar, Mathura (U.p)

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2/5. Mahadai D/o Late Ramlal W/o Dammo, R/o Chaganpura, Mathura (U.p)

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2/6. Laxmi D/o Late Ramlal W/o Bhima Loda, Resident Of Charora, Mathura (U.p)

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Pooran, (Deceased)

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3/1. Smt. Chanda Devi W/o Lt. Shri Pooran, R/o Village Sent Tehsil Kumher, Distt. Bharatpur (Raj.)

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3/2. Bacchu Singh S/o Late Pooran, R/o Village Sent Tehsil Kumher, Distt. Bharatpur (Raj.)

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3/3. Lal Singh S/o Late Pooran, R/o Village Sent Tehsil Kumher, Distt. Bharatpur (Raj.)

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3/4. Smt. Ishwari Devi D/o Late Pooran W/o Mahendra Singh, Resident Of Gaya Kund, Mohalla Kama, Bharatpur (Raj.)

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3/5. Smt. Rajwanti D/o Lt. Pooran W/o. Jagdish, Resident Of

(2 of 4)

[2024:RJ-JP:46516]

[CW-10367/2010]

Gaya Kund, Mohalla Kama, Bharatpur (Raj.)

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3/6. Jaidei D/o Lt. Pooran Singh, R/o Sahkari Kachahari Quarter, Mathura U.p

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3/7. Guddi D/o Late Pooran W/o Govinda, R/o Panna Pokhar Mathura.

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3/8. Angoori D/o Late Pooran W/o Om Prakash, R/o Panna Pokhar Mathura.

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Gyasi Son Of Pema, R/o Sent Tehsil Kumer, District Bharatpur (Raj.)

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Hari Singh S/o Lalaram, Resident Of Tehsil Kumher, District Bharatpur (Raj.) (Since Deceased)

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5/1. Smt. Somoti W/o. Late Shri Hari Singh, Resident Of Resident Of Tehsil Kumher, District Bharatpur (Raj.)

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5/2. Manohar Lal S/o. Late Shri Hari Singh, Resident Of Resident Of Tehsil Kumher, District Bharatpur (Raj.)

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5/3. Smt. Digambar Singh S/o Late Shri Hari Singh, Resident Of Resident Of Tehsil Kumher, District Bharatpur (Raj.)

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5/4. Smt. Leelawati W/o. Omprakash Lodha D/o. Late Shri Hari Singh, R/o. Bsa College, Mathura (U.p)

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5/5. Smt. Bhagwan Dai W/o Pappu Lodha D/o Late Shri Hari Singh, R/o Dampeer Park, Mathura U.p.

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5/6. Smt. Mahadai W/o Suresh Chand D/o Late Shri Hari Singh, R/o Village Baben, Tehsil Kumher, District Bharatpur.

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5/7. Smt. Munnidevi W/o Amar Singh, D/o Late Shri Hari Singh, R/o. Village Besh Baghara, Mathura (U.p)

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----Respondents

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For Petitioner(s) : Mr. Nachiketa Pareek, Adv. For Respondent(s) : Mr. Bipin Gupta, Adv.

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

11/11/2024

[2024:RJ-JP:46516]

[CW-10367/2010]

(3 of 4)

This Writ Petition has been filed by the petitioners-plaintiffs (for short ‘the plaintiffs’) against the order dated 22.07.2009 passed by Additional District Judge No.2, Bharatpur in Civil Regular First Appeal No.111/2003, whereby the application under Order 41 Rule 27 CPC filed by the respondents-defendants (for short ‘the defendants’) has been allowed and the documents annexed to that application have been taken on record.

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Learned counsel for the plaintiffs submits that defendants filed an appeal against the plaintiffs, which was registered as Civil Regular First Appeal No.111/2003 in which defendants filed an application under Order 41 Rule 27 CPC for taking certain documents on record, which were not submitted during the trial. Appellate Court vide order dated 22.07.2009 wrongly allowed the application filed by the defendants and took the documents on record. Learned counsel for the plaintiffs also submits that these documents were not necessary for adjudication of the appeal. So, order dated 22.07.2009 passed by the appellate court be set aside.

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Learned counsel for the defendants has opposed the arguments advanced by learned counsel for the plaintiffs and submits that appellate court rightly allowed the application under Order 41 Rule 27 CPC filed by them. He also submits that it is a settled proposition of law that said documents shall be considered at the time of final hearing of the appeal. So, present petition filed by the plaintiffs being devoid of merit, is liable to be dismissed.

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I have considered the arguments advanced by learned counsel for the plaintiffs as well as learned counsel for the defendants.

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[2024:RJ-JP:46516]

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It is an admitted position that documents taken on record by the appellate court shall be considered at the time of final hearing of the appeal. So, in my considered opinion, present petition filed by the plaintiffs deserves to be disposed of.

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The Civil Writ Petition filed by the plaintiffs stands disposed of with a direction to the appellate court to decide the appeal after considering the documents taken on record under Order 41 Rule 27 CPC.

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(NARENDRA SINGH DHADDHA),J

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Jatin /79

Gopal Son of Shrichand v. Deep Chand

Case brief

What is this about?

What did the court decide?

Gopal Son of Shrichand v. Deep Chand

Case brief

What is this about?

What did the court decide?

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