High CourtsSingle Bench(2018) 04 CHH CK 0109

Vikram Rana vs State Of Chhattisgarh & Anr.

Chhattisgarh High Court · Decided on 10 April 2018

HON’BLE JUDGES
GOUTAM BHADURI, J
RESULT
Dismissed
CASE NUMBER
WP227 No. 837 of 2017

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Judgment

11 paragraphs · 240 words
1.

This petition is against the order dated 10.08.2017, whereby an application preferred by defendant/petitioner under Order 11 Rule 12 & 14 read with

Section 151 CPC was dismissed.

2.

Perusal of the suit would show that the suit was filed by the State for cancellation of a deed and for possession, wherein the petitioner is respondent

No.2. Perusal of the pleading of the plaint would show that an exchange deed has been said to be executed on 18.06.1998, which is registered with

the Sub-Registrar, Raipur, was sought for production along with it another discovery and production of the document of various note-sheets and order-

sheets were called for. Learned court below dismissed the petition on the ground that the said documents are not required for production and fixed the

case for plaintiff's evidence. The pleading of plaint itself contains the fact about the exchange deed dated 18.06.1998 and various proceedings which

transacted in between the State were also pleaded. It is for the plaintiff to prove his case before the Court and if the document is registered, the

defendant can also get the certified copy of the same and place it for the same and further may adduce his evidence, if so advised. In view of the

same, I do not find any illegality in the order impugned to interfere in exercise of powers under Article 227 of the Constitution of India.

3.

Accordingly, the writ petition is dismissed.