2026:CGHC:20789 Digitally signed NAFR INDRAJEET by INDRAJEET SAHU SAHU Date: 2026.06.05 HIGH COURT OF CHHATTISGARH AT BILASPUR

12:59:47 +0530 WP227 No. 524 of 2026

1 - Smt. Satroopa Bai W/o Gita Ram Sahu Aged About 49 Years R/o- Village Teliyapuran, P.O. Semarsal, Jarhagaon,- District Mungeli C.G.

... Petitioner(s)

Versus

1 - Smt. Hara Bai D/o Bhuvan Lal Aged About 70 Years W/o Lomas Ram-

Caste Teli, R/o- Village Moch Tehsil Takhatpur- District -Bilaspur C.G.

2 - Uma Shankar Sahu S/o Late Tirithram Aged About 51 Years R/o- Village Gokulpur Tehsil Sakri,- District -Bilaspur C.G.(Defendant No.-1)

3 - Simashanar Sahu D/o Late Tirithram Aged About 37 Years R/o-Village Gokulpur Tehsil Sakri District Bilaspur C.G. (Defendant No.-2).

4 - Smt. Gita Bai W/o Tirithram Aged About 67 Years R/o-Village Gokulpur Tehsil Sakri District Bilaspur C.G. (Defendant No.-3).

5 - Smt. Sulochna Bai D/o Late Tirithram Aged About 50 Years W/o -Raghav Sahu R/o Village -Kadasar Tehsil Takhatpur District -Bilapsur C.G. (Defendant No.-5)

6 - Smt, Dipa Bai D/o Tirithram Aged About 38 Years D/o Tirithram W/o Durga Prasad Sahu R/o-Village Parsada (Bharni), -Tehsil -Sakri District -Bilaspur C.G. (Derendant No.-6)

7 - State of Chhattisgarh District -Collector Bilaspur District- Bilaspur C.G.

... Respondent(s)

(Cause-title taken from Case Information System)

For Petitioner : Shri Sunil Pillai, Advocate.

For State : Shri Rohan Shukla, Panel Lawyer.

Hon’ble Shri Justice Ravindra Kumar Agrawal, J

Order on Board

04.05 . 202 6

1. The present writ petition under Article 227 of the Constitution of India has been filed by the petitioner against the impugned order dated 09.03.2026 passed by the 4^th Additional Judge to the court of 1^st Civil Judge, Senior Division, Bilaspur, in Civil Suit No.A/377/2023 whereby the applications filed by the petitioner under Order 14 Rule 2 CPC and under Order 14 Rule 5 CPC have been rejected.

2. The subject matter in brief is that, the petitioner is defendant No.4 before the trial court. The respondent No.1 plaintiff filed a suit for declaration of title, partition and separate possession over the suit property of 2.551 Hect. and 0.287 Hect. of various khasra numbers of land suited at village Gokulpur, PH No.21, Tehsil Sakri, District Bilaspur. The respondent No.1/plaintiff had claimed in the suit that the suit property was earlier recorded in the name of father of plaintiff and his two sisters. The other holders of land relinquished their rights over the suit property through registered relinquishment deed and thereafter the suit property was recorded in the names of plaintiff and defendants. In the month of March, 2023, when she claimed partition from the defendants, they denied to give partition and thereafter she filed Civil Suit for her half share over the suit property. The defendant No.4/petitioner filed her written statement, denied the claim of plaintiff and raised preliminary objection that the pedigree shown by the plaintiff in her plaint is incorrect. The plaintiff along with one Sonau Ram had filed an application for partition before the Additional Tehsildar, Ganiyari, Tehsil Takhatpur, District Bilaspur, in which she shown the complete pedigree, however, in the present suit she has shown the incorrect pedigree. All the members of family as shown in the pedigree have not been made as party defendants. The suit is barred by limitation and there is no proper valuation and payment of court fee in the suit. She also denied that plaintiff is entitled for half share of the suit property. The suit property is not the ancestral property of plaintiff and she cannot claim half share over the same.

3. On the basis of pleadings of the parties, the trial court framed five issues including the issue of valuation of suit and payment of court fee as also maintainability of the suit. On 16.12.2025 the defendant No.4/petitioner filed two applications one under Order 14 Rule 2 CPC and another under Order 14 Rule 5 CPC in which the defendant No.4 prayed for framing a