Mahendra Singh vs Gita

Raghvendra Singh Chauhan, CJ

The appellant has challenged the legality of the order, dated 20.04.2021, passed by the learned Family Court, Kashipur, District-Udham Singh Nagar in Civil Suit No. 153 of 2019, whereby the learned Family Court has rejected the application filed by the appellant for bringing additional documents on record.

This Court has asked a pointed query to the learned counsel for the appellant as to what was the application filed by him on 02.04.2021 for bringing additional documents on record. The learned counsel has brought to our notice that the application is dated 02.04.2021, which is reproduced as under:-

izkFkZuki= okLrs nLrkosth lk{; @ QksVks nkf[ky djus ckcr egksn;]

mijksDr okn esa vkt dh frfFk fu;r gSA izkFkhZA foi{kh mijksDr okn esa nLrkosth lk{; @ QksVks nkf[ky djuk pkgrk gSA ftlds fy, izkFkhZ dks nLrkosth lk{; @ QksVks nkf[ky djus gsrq vuqefr iznku djrs gq;s nLrkosth lk{; i=koyh esa nkf[ky djus ds fy, vkns'k ikfjr djus dh d`ik djsaA

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A bare perusal of the Application clearly reveals that in the Application, the appellant has neither mentioned the reason for non-availability of these documents during the course of the trial, nor mentioned the significance of these documents to the issues in dispute.

A bare perusal of the order, dated 20.04.2021 further reveals that according to the learned Family Court, in a writ petition filed by the parties before this Court, this Court had clearly directed the Family Court, by is order dated 27.01.2020, to decide the Original Suit No. 153 of 2019, as early as possible. Moreover, according to the learned Family Court, the trial has reached the stage of final arguments. Therefore, the application filed by the appellant is at a belated stage of the trial. Thus, it is obvious that the aforesaid application was filed only as a delay tactic. It is for these reasons that the learned Family Court has rejected the application filed by the appellant.

This Court does not find any illegality or perversity in the impugned order. The Appeal, being devoid of merit, is hereby dismissed.

In sequel thereto, pending application, if any, stands disposed-of.

No order as to costs.