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2024 Supreme(Online)(MP) 17848

HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE PRANAY VERMA, J
Smt. Ashalata – Appellant
Versus
Smt. Parasmani W/O Late Madanlal Siroliya (Name Deleted As Per Court Order) – Respondent


Advocates:
Nitin Phadke,

ORDER

1. Learned counsel for the petitioner is heard on the question of admission.

2. By this petition preferred under Article 227 of the Constitution of India the petitioner has challenged the order dated 27.02.2024 passed in Civil Suit No.3-A/2019 by the IIIrd District Judge, Ujjain whereby it has rejected the application under Order 16 Rule 6 and 7 of the CPC filed by her.

3. In the proceedings before the trial Court the defendants have claimed title on the basis of a will, partition deed and certain sale deeds. The same as per the plaintiff are forged and fabricated. For the purpose of proving the said fact the plaintiff filed an application under Order 16 Rule 6 and 7 of the CPC for directing the defendants to produce the aforesaid documents before the Court. The said application has been rejected by the trial Court on the ground that in the application it has not been clarified as to from which defendants the documents are sought to be got produced and that the application has been filed belatedly.

4. Besides the reason as given by the trial Court for rejecting of the application of the plaintiff it is to be observed that the documents which plaintiff desires to be got produc

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