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2022 Supreme(Megh) 293

H. S. THANGKHIEW
Shrial Syiem – Appellant
Versus
Klestina Syiem – Respondent


Advocates appeared:
Mr. V.G.K. Kynta, Sr. Adv. with Ms. C. Nongkhlaw, Advocate, for the Petitioner; Mr. R.S. Myrthong, Mr. F. Shangpliang, Advocates, for the Respondent

JUDGMENT

1. This application under Article 227 of the Constitution of India read with clause 6 of the High Court of Meghalaya (Jurisdiction over District Council Courts) Order, 2014 has been preferred against the Judgment dated 02.09.2020 passed by the learned Judge, District Council Court, Khasi Hills in Misc. Civil Appeal No. 3 of 2017, upholding the order dated 05.12.2016 passed by the learned Trial Court in Title Suit No. 8 of 2009.

2. The brief facts are that the learned Trial Court by the order dated 05.12.2016, had allowed and admitted 20 photo copies of documents filed by the respondents/plaintiffs at the stage of framing of issues which the petitioner/defendant contends is contrary to Order 7 Rule 14 of the CPC. On appeal before the Court of the Judge, District Council Court, the same was upheld by Judgment dated 02.09.2020. The petitioner thereby being aggrieved, is before this Court, and has put a case that the said documents filed by the plaintiffs are neither part of the Plaint, nor any reference made to them in the pleadings and that the impugned order allowing the introduction of these documents has the effect of changing the entire course and nature of the Suit withou

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