Order On Board

1. This petition has been filed against the order dated 31st July, 2024 whereby the application preferred by the petitioner/plaintiff under Order

16 Rule 1 (2) read with Section 151 of the CPC was dismissed.

2. Facts of the case are that the petitioner/plaintiff has filed a civil suit for declaration and possession. In the said suit, during the course of plaintiff’s evidence, the subject application has been filed wherein the defendants/respondents have raised an objection, as the petitioner/ plaintiff is desirous to prove the certified copy of the sale deed and the lay out of the society for which permission has been granted by the Municipal Corporation, Raipur to respondent No.2/Society, and the said document has already been exhibited and the same can be read in evidence. The trial Court only on the ground that the petitioner/plaintiff has not mentioned the names of witnesses in the list filed earlier, has rejected the subject application, which is not proper. Hence this petition.

3. At the outset, learned counsel for the petitioner would submit that the defendants have put forth the submission that the said document has already been marked. He fairly submits that wh