Gofelal Banjare S/o Shri Bhagelal Banjare vs Bhagelal (Died)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Chh) 567

DEEPAK KUMAR TIWARI
Gofelal Banjare S/o Shri Bhagelal Banjare – Appellant
Versus
Bhagelal (Died) – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Ritesh Verma, Advocate.
For the Respondent:Mr. H. S. Patel, Advocate, Ms. Vaishali Mahilong, PL.

ORDER :

Deepak Kumar Tiwari, J.

1. This petition has been filed under Article 227 of the Constitution of India challenging the legality and validity of the order dated 27.07.2024 passed by the Third Civil Judge, Senior Division, Bemetara (CG) in Civil Suit No.46-A/2017, whereby, opportunity of the plaintiff/petitioner to adduce the evidence was closed.

2. The plaintiff has filed a civil suit for declaration of title, permanent injunction and possession in respect of the suit land. In the said suit, earlier he has filed an affidavit in the form of Order 18 Rule 4 of the CPC for examination of the chief witness and one of the witnesses was examined on 24.07.2024 in presence of one of lawyers namely Shri Anand Sahu. On 27.07.2024, when the case was fixed for further evidence, though some witnesses of the plaintiff were reached to the concerned Court, however, the plaintiff has neither produced the said witnesses before the trial Court and informed the Court that original counsel is coming from outside and only in the presence of said counsel, examination of the witnesses has to be done. When the matter was taken up in the second round, on the same day, though the trial Court has made a d

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