Bherulal vs Bhanwarlal - 2024 Supreme(MP) 492

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(MP) 492

PRANAYA VERMA
Bherulal – Appellant
Versus
Bhanwarlal – Respondent

Advocates:
Maqbool Ahmed Mansoori for petitioner;
Piyush Jain for respondent No. 1;
A.S. Parihar, Panel Lawyer for respondent No. 2.

ORDER

1. This petition under Article 227 of the Constitution of India has been preferred by the plaintiff/petitioner against the order dated 16.2.2024 (Annexure P/1) recorded in paragraph No.8 of deposition of DW/1, Bhanwarlal whereby his objection to the admissibility of document dated 1.12.1997 on the ground of the same being deficiently stamped and being unregistered has been rejected.

2. The plaintiff has instituted an action against defendants for declaration of title, possession and permanent injunction with respect to the suit lands. Defendant No.1 has contested the plaintiff's claim by filing his written statement. Upon pleading of the parties, issues were framed by the trial Court and thereafter the case was fixed for recording of plaintiff's evidence.

3. The examination of plaintiff as PW/1 was then conducted. During his cross-examination, he was confronted under Order XIII Rule 3 (a) of the CPC with a document dated 1.12.1997 which he denied. The said document was marked as Exhibit D/10 by the trial Court.

4. Upon closure of plaintiff's evidence, the case was fixed for defendants' evidence after which defendant No.1 was examined as DW/1. During his examination, he sought to

Click Here to Read the rest of this document