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2019 Supreme(Raj) 1525

ABHAY CHATURVEDI
Anil Kumar Chashta – Appellant
Versus
Geeta Devi – Respondent


Advocates Appeared:
A.K. Babel, Advocate, Love Jain, Advocate

JUDGMENT

Abhay Chaturvedi, J. - This writ petition has been filed challenging the order dated 15.12.2017 (Annexure-7) passed by Additional District Judge No.3, Chittorgarh whereby, the trial Court has rejected the application submitted by the petitioner under Order 7 Rule 14 (3) CPC for taking certain documents on record.

2. The facts in brief are that the petitioner filed a suit against the respondents for partition of property belonging to late Shri Labh Shankar Chashta, the father of the petitioner. It was averred in the plaint that the property mentioned in para No.3 of the plaint belonged to late Shri Labh Shankar Chasta. The petitioner being the son of late Shri Labh Shankar Chasta is thus entitled to 1/5th share in the property.

3. Owing to the facts and averments made in the plaint, the respondents filed their written statement. The respondent No.4 Chirag, respondent No.7 Lokesh Kumar admitted the averments made in the plaint. However, respondent Nos. 1, 5 and 6 disputed the facts contained in the plaint and averred that the property did not belong to Late Shri Labh Shankar Chashta. They further averred that the disputed property being jointly purchased by Late Shri Labh Shank

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