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Judgment
Rakesh Mohan Pandey, J
1) The petitioners have filed this petition seeking the following relief(s):-
“10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records in relates to the case of Civil Suit No. 245-A/2015 pending before the First Civil Judge Junior Category First Additional Judge Bilaspur (C.G.) for its kind perusal.
10.2 That, this Hon'ble Court may kindly be pleased to set aside the impugned order dated 23.11.2024 passed by the First Civil Judge Junior Category First Additional Judge Bilaspur (C.G.) in Civil Suit No. 245-A/2015 (Annexure-P/ 1), whereby an application fled by the petitioner under Order 6 Rule 17 of the Code of Civil Procedure, 1908 for seeking amendment in the plaint and under Order 7 Rule 14 of the Code of Civil Procedure, 1908 and further be pleased to allow the petitioners to amend the plaint as sought for. (wrongly mentioned in order-sheet year 2022).
10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioners, which the Honble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioners.”
2) The plaintiffs moved applications under Order 6 Rule 17 and Order 7 Rule 14 of the CPC at the final hearing stage of the civil suit. The learned trial Court vide order dated 23.11.2024 rejected the applications on the ground that the same have been moved at a belated stage. The learned trial Court placed reliance on Vidya Bai and Ors. v. Padmalatha and Anr., (2008) 17 SCR 505, where it was held that the court’s jurisdiction to allow such an application is taken away unless the conditions precedent is satisfied, viz., it must come to the conclusion that despite due diligence, the parties could not raise the matter before the commencement of the trial. In the present case, a civil suit was filed by the plaintiffs for the declaration of title and permanent injunction pertaining to Survey Nos. 507/1, 507/2, and 509, situated at Village Juna Bilaspur, Patwari Circle No. 22, Tehsil and District Bilaspur, on 27.10.2015.
3) From a perusal of the impugned order, it is apparent that the case was fixed for final arguments, and at that stage, applications under Order 6 Rule 17 and Order 7 Rule 14 of the CPC were moved on 03.08.2024. In these applications, the plaintiffs stated that they obtained revenue documents from the Land Record Office, Tehsil Bilaspur, on 31.07.2024, and the documents are necessary for just adjudication of the case.
4) Learned counsel appearing for the petitioners would submit that the plaintiffs obtained revenue documents from the Tehsil Office on 31.07.2024. It is argued that the documents are necessary for just adjudication of the case and the learned trial Court committed an error of law in rejecting those applications. It is further argued that the defendants are not the owners of the suit property and this fact is evident from the documents.
5) On the other hand, Mr. S. P. Kale, learned Additional Advocate General appearing for the State would submit that the applications were moved at a belated stage and the plaintiffs failed to state that despite due diligence, they could not collect the documents from the Office of Land Records. He would further submit that the applications were moved when the case was fixed for final arguments. He lastly submitted that the civil suit has been pending since 2015 and therefore, the learned trial Court rightly rejected the applications.
6) I have heard learned counsel for the parties and perused the documents.
7) It is not in dispute that the civil suit was filed on 27.10.2015. The defendants filed their written statement; the learned trial Court framed issues; the parties led their evidence, and the case was fixed for final arguments. At that stage, applications under Order 6 Rule 17 and Order 7 Rule 14 of the CPC were moved. In these applications, the plaintiffs stated that they obtained certain documents on 31.07.2024 from the Office of Land Records, Tehsil Bilaspur. However, the plaintiffs failed to assign reasons for not collecting those documents prior to 31.07.2024, even though those documents were within their knowledge. Since the case was fixed for final arguments and the applications were moved at a belated stage, this Court is of the view that the learned trial Court has not committed any error of law in rejecting those applications.
8) Accordingly, this petition fails and is hereby dismissed. No cost(s).