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2019 Supreme(MP) 38

G.S.AHLUWALIA
Sudheer Jain – Appellant
Versus
Sunil Modi – Respondent


Advocates Appeared:
D.B. Bansal for petitioners; Bhagwan Raj Pandey for respondent.

ORDER

1. This petition under Article 227 of the Constitution of India has been filed against the order dated 30.8.2017 passed by First Additional Judge to the Court of First Civil Judge, Class-II, Vidisha in COC No. 82-A/2015, by which the application filed by the petitioners under Order 7 Rule 14(3) of CPC has been rejected and the trial Court has refused to take the partition deed on record on the ground that by order dated 14.6.2016, the petitioners were directed to file all the documents pertaining to their title and since they have failed to do, therefore, now they cannot be allowed to file the additional documents.

2. The necessary facts for the disposal of the present petition in short are that the plaintiffs/petitioners have filed a suit for permanent injunction as well as for enforcement of their easementary rights.

3. It appears that on an application filed by the respondents, the trial Court by order dated 14.6.2016, had directed the petitioners to file all the documents pertaining to their title and also to file an affidavit, otherwise, they would not be given any opportunity to file the same in view of section 164 of the Indian Evidence Act.

4. The petitioners did not f




















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