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2022 Supreme(Chh) 454

DEEPAK KUMAR TIWARI
Fulbasia, W/o. Shri Jeetan Singh – Appellant
Versus
Chhattisgarh State Gramin Bank – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Surfaraj Khan, Advocate
For the Respondent:Mr.N.Naha Roy, Mr.Anurag Singh, Mr.Jitendra Shrivastava, Advocate

ORDER :

1. This writ petition under Article 227 of the Constitution of India is directed against the order dated 19.7.2022 passed by the 2nd Civil Judge Class-I, Surajpur in Succession Case No.15/2014, whereby the trial Court has allowed the application filed by respondents No.3 and 4 for submitting new/second affidavit evidence under Order 18 Rule 4 of the Code of Civil Procedure.

2. Brief facts of the case are that the petitioner/plaintiff filed an application under Section 372 of the Indian Succession Act, in which issues were framed on 06.10.2016 and on 11.2.2020 respondents No.3 and 4 have filed first affidavit evidence of Jageshwar Singh along with other witness Thakur Prasad, whereas on 20.6.2022 respondents No.3 and 4 moved an application for filing second affidavit evidence of Jageshwar Singh under Order 18 Rule 4 of the CPC. Though there is no provision in law for filing of such second affidavit, but by the impugned order, the trial Court has allowed the application and also permitted respondents No.3 and 4 to withdraw first affidavit evidence of Jageshwar Singh. Hence, this writ petition.

3. Mr.Surfaraj Khan, learned counsel for the petitioner, would submit that the procedu

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