Madhya Pradesh High CourtSmt. Shyamvati Bai vs Chatra Singh on 14 March, 2023Author:Vivek AgarwalBench:Vivek AgarwalIN THE HIGH COURT OF MADHYA PRADESH\n                                                    AT J A B A L P U R\n                                                        BEFORE\n                                          HON'BLE SHRI JUSTICE VIVEK AGARWAL\n                                                 ON THE 14th OF MARCH, 2023\n\n                                                MISC. PETITION No. 6130 of 2022\n                                       BETWEEN:-\n\n\n                                          SMT. SHYAMVATI BAI W/O LATE SHRI\n                                          PYARE SINGH RATHORE, AGED ABOUT\n                                          75 YEARS, VILLAGE KHIRSARI POST\n                                       1.\n                                          OFFICE CHANTA DISTRICT DINDORI\n                                          (MADHYA PRADESH)\n\n                                          BHOLA SINGH S/O LATE SHRI PYARE\n                                          SINGH, AGED ABOUT 55 YEARS, R/O\n                                       2. WARD NO. 12, OLD DINDORI, TEHSIL\n                                          AND DISTRICT (MADHYA PRADESH)\n\n                                          NIHAL SINGH S/O LATE SHRI PYARE\n                                          SINGH, AGED ABOUT 50 YEARS, R/O\n                                       3. WARD NO. 12, OLD DINDORI, TEHSIL\n                                          AND DISTRICT (MADHYA PRADESH)\n\n                                          MAHENDRA SINGH S/O LATE SHRI\n                                          PYARE SINGH, AGED ABOUT 48 YEARS,\n                                          R/O VILLAGE KHIRSARI POST OFFICE\n                                       4.\n                                          CHANTA DISTRICT DINDORI (MADHYA\n                                          PRADESH)\n\n                                          SEHDEV SINGH S/O LATE SHRI PYARE\n                                          SINGH, AGED ABOUT 45 YEARS, R/O\n                                          VILLAGE KHIRSARI POST OFFICE\n                                       5.\n                                          CHANTA DISTRICT DINDORI (MADHYA\n                                          PRADESH)\n\n\n\n\nSignature Not Verified\n  SAN\n\n\n\n\nDigitally signed by MOHD TABISH KHAN\nDate: 2023.03.15 15:38:11 IST\n                                                                  2\n\n\n\n                                          NAKUL SINGH S/O LATE SHRI PYARE\n                                          SINGH, AGED ABOUT 40 YEARS, R/O\n                                          VILLAGE KHIRSARI POST OFFICE\n                                       6.\n                                          CHANTA DISTRICT DINDORI (MADHYA\n                                          PRADESH)\n\n                                          MUNNA ALIAS VIJENDRA S/O LATE\n                                          SHRI GAPPU ALIAS GANESH RATHORE,\n                                          AGED ABOUT 45 YEARS, R/O VILLAGE\n                                       7. KHIRSARI POST OFFICE CHANTA\n                                          DISTRICT     DINDORI     (MADHYA\n                                          PRADESH)\n\n                                          SMT. DAYAWATI BAI W/O LATE SHRI\n                                          GAPPU ALIAS GANESH RATHORE,\n                                          AGED ABOUT 65 YEARS, R/O VILLAGE\n                                       8.\n                                          KHIRSARI POST OFFICE CHANTA\n                                          DISTRICT    DINDORI     (MADHYA\n                                          PRADESH)\n\n                                                                        .....PETITIONERS\n\n                                       (BY SHRI ABHISHEK SINGH - ADVOCATE)\n\n                                       AND\n\n\n                                          CHATRA SINGH S/O LATE SHRI DUALAL\n                                          RATHORE, AGED ABOUT 58 YEARS,\n                                          VILLAGE KHIRSARI POST OFFICE\n                                       1. CHANTA POLICE STATION DINDORI\n                                          TEHSIL  AND    DISTRICT   DINDORI\n                                          (MADHYA PRADESH)\n\n\n\n\nSignature Not Verified\n  SAN\n\n\n\n\nDigitally signed by MOHD TABISH KHAN\nDate: 2023.03.15 15:38:11 IST\n                                                                 3\n\n\n\n                                          SMT. KUSUM BAI W/O CHATRA SINGH\n                                          RATHORE, AGED ABOUT 55 YEARS, R/O\n                                          VILLAGE KHIRSARI POST OFFICE\n                                       2.\n                                          CHANTA DISTRICT DINDORI (MADHYA\n                                          PRADESH)\n\n                                          CHIINTAMANI S/O LATE SHRI DUALAL\n                                          RATHORE, AGED ABOUT 50 YEARS, R/O\n                                          VILLAGE KHIRSARI POST OFFICE\n                                       3. CHANTA POLICE STATION DINDORI,\n                                          TEHSIL   AND   DISTRICT   DINDORI\n                                          (MADHYA PRADESH)\n\n                                          SMT. JAMOTRI BAI W/O CHINTAMANI\n                                          RATHORE, AGED ABOUT 45 YEARS, R/O\n                                          VILLAGE KHIRSARI POST OFFICE\n                                       4. CHANTA POLICE STATION DINDORI,\n                                          TEHSIL   AND  DISTRICT   DINDORI\n                                          (MADHYA PRADESH)\n\n                                          SMT. SAVITRI BAI W/O RAJKUMAR\n                                          RATHORE, AGED ABOUT 55 YEARS, R/O\n                                       5. VILLAGE    SARHARI   TEHSIL   AND\n                                          DISTRICT DINDORI (MADHYA PRADESH)\n\n                                          KARAN SINGH S/O LATE SHRI BHONDU\n                                          SINGH ALIAS MAANSINGH RATHORE,\n                                          AGED ABOUT 55 YEARS, R/O VILLAGE\n                                       6. KHIRSARI    POST   OFFICE  CHANTA\n                                          POLICE STATION DINDORI, TEHSIL AND\n                                          DISTRICT DINDORI (MADHYA PRADESH)\n\n\n\n\nSignature Not Verified\n  SAN\n\n\n\n\nDigitally signed by MOHD TABISH KHAN\nDate: 2023.03.15 15:38:11 IST\n                                                                 4\n\n\n\n                                          SMT. MUNNI BAI W/O LATE SHRI KALLU\n                                          SINGH RATHORE, AGED ABOUT 55\n                                          YEARS, R/O VILLAGE KHIRSARI POST\n                                       7. OFFICE CHANTA POLICE STATION\n                                          DINDORI,   TEHSIL   AND   DISTRICT\n                                          DINDORI (MADHYA PRADESH)\n\n                                          PAWAN KUMAR S/O LATE SHRI KALLU\n                                          SINGH RATHORE, AGED ABOUT 32\n                                          YEARS, R/O VILLAGE KHIRSARI POST\n                                       8. OFFICE CHANTA POLICE STATION\n                                          DINDORI,  TEHSIL AND     DISTRICT\n                                          DINDORI (MADHYA PRADESH)\n\n                                          RAMU ALIAS RAMKUMAR S/O LATE\n                                          SHRI KALLU SINGH RATHORE, AGED\n                                          ABOUT 28 YEARS, R/O VILLAGE\n                                          KHIRSARI POST OFFICE CHANTA\n                                       9.\n                                          POLICE STATION DINDORI, TEHSIL AND\n                                          DISTRICT     DINDORI      (MADHYA\n                                          PRADESH)\n\n                                           SMT. JAYANTI BAI D/O LATE SHRI\n                                           KALLU SINGH RATHORE, AGED ABOUT\n                                           30 YEARS, R/O VILLAGE MADIARAS\n                                       10. POST OFFICE MADIARAS TEHSIL AND\n                                           DISTRICT     DINDORI   (MADHYA\n                                           PRADESH)\n\n                                           GEET SINGH S/O LATE SHRI BHONDU\n                                           SINGH ALIAS MAAN SINGH RATHORE,\n                                           AGED ABOUT 52 YEARS, R/O VILLAGE\n                                           KHIRSARI POST OFFICE CHANTA\n                                       11.\n                                           POLICE STATION DINDORI, TEHSIL\n                                           AND DISTRICT DINDORI (MADHYA\n                                           PRADESH)\n\n\n\n\nSignature Not Verified\n  SAN\n\n\n\n\nDigitally signed by MOHD TABISH KHAN\nDate: 2023.03.15 15:38:11 IST\n                                                                  5\n\n\n\n                                           NIRMAL SINGH S/O LATE SHRI\n                                           BHONDU SINGH ALIAS MAAN SINGH\n                                           RATHORE, AGED ABOUT 46 YEARS, R/O\n                                           VILLAGE KHIRSARI POST OFFICE\n                                       12.\n                                           CHANTA POLICE STATION DINDORI,\n                                           TEHSIL AND DISTRICT DINDORI\n                                           (MADHYA PRADESH)\n\n                                           JAY SINGH S/O LATE SHRI BHONDU\n                                           SINGH ALIAS MAAN SINGH RATHORE,\n                                           AGED ABOUT 40 YEARS, R/O VILLAGE\n                                           KHIRSARI POST OFFICE CHANTA\n                                       13.\n                                           POLICE STATION DINDORI, TEHSIL\n                                           AND DISTRICT DINDORI (MADHYA\n                                           PRADESH)\n\n                                           SMT. RADHA BAI W/O SHIKHAR\n                                           CHAND RATHORE, AGED ABOUT 52\n                                           YEARS, R/O VILLAGE CHATUA, POST\n                                       14. OFFICE CHANTA POLICE STATION\n                                           DINDORI, TEHSIL AND DISTRICT\n                                           DINDORI (MADHYA PRADESH)\n\n                                           SMT. JANKI BAI W/O BUDDHU\n                                           RATHORE, AGED ABOUT 42 YEARS, R/O\n                                           VILLAGE KUKARMATH POST OFFICE\n                                       15.\n                                           KUKARMATH TEHSIL AND DISTRICT\n                                           DINDORI (MADHYA PRADESH)\n\n                                           STATE    OF   MADHYA   PRADESH,\n                                           THROUGH     COLLECTOR, DINDORI\n                                       16.\n                                           DISTRICT     DINDORI   (MADHYA\n                                           PRADESH)\n\n                                                                         .....RESPONDENTS\n                                       (BY SHRI ASHOK JAIN - ADVOCATE)\n\n\n\n\nSignature Not Verified\n  SAN\n\n\n\n\nDigitally signed by MOHD TABISH KHAN\nDate: 2023.03.15 15:38:11 IST\n                                                                          6\n\n\n\n                                       ___________________________________________________\n                                             Reserved on      : 16.01.2023\n                                             Delivered on     : 14.03.2023\n                                        _______________________________________________________________\n\n\n                                            This miscellaneous petition coming on                    for\n                                       admission this day, the court passed the following:\n\n\n                                                                   ORDERThis Miscellaneous Petition is filed underArticle\n\n                                       227of the Constitution of India by the plaintiffs being\n\n                                       aggrieved of order dated 05.12.2022 whereby an\n\n                                       application i.e. I.A. No.2/2022 underSection 45of the\n\n                                       Evidence Act seeking appointment of a handwriting\n\n                                       expert to examine the signatures of the concerned\n\n                                       namely signatures of Ganesh, Pyare Singh and thumb\n\n                                       impression of Bhondu on the partition-deed, Ex.D-2, is\n\n                                       rejected by the learned 2nd Civil Judge, Senior\n\n                                       Division, Dindori.Signature Not VerifiedSANDigitally signed by MOHD TABISH KHANDate: 2023.03.15 15:38:11 IST72.   Shri Ashok Jain, in his turn, submits that\n\n                                       document was filed seven years ago and plaintiffs\n\n                                       never disputed thumb impression or signatures on the\n\n                                       said document, therefore, now at the stage when case is\n\n                                       pending for evidence of the defendant witness, said\n\n                                       application being highly belated and the pleadings\n\n                                       having been not made out from the record needs to be\n\n                                       dismissed and is dismissed as such.3.   It is further submitted that defendants No.1 to 6\n\n                                       had filed their written statement on 15.05.2015. On\n\n                                       28.01.2017 at the stage of recording of evidence of the\n\n                                       plaintiffs application for taking document was allowed\n\n                                       and case was fixed for plaintiffs evidence, thereafter,\n\n                                       plaintiffs evidence was led and on 13.04.2018, case\n\n                                       was fixed for defendants evidence. When defendantsSignature Not VerifiedSANDigitally signed by MOHD TABISH KHANDate: 2023.03.15 15:38:11 IST8tried to exhibit the said document then an objection\n\n                                       was taken that said document is not admissible being\n\n                                       not registered in terms of theRegistration Act1908 but\n\n                                       at that time also no objection was taken in regard to the\n\n                                       hand writing/thumb impression of certain persons on\n\n                                       the document, therefore, trial Court vide order dated\n\n                                       01.11.2022 rejected objection in regard to its\n\n                                       admissibility.4.    After hearing learned counsel for the parties and\n\n                                       going through the record, it is an admitted fact that\n\n                                       document         in   question       on   which     hand\n\n                                       writing/signatures/thumb impression is sought to be\n\n                                       examined was within the knowledge of the plaintiffs at\n\n                                       least w.e.f. 15.05.2015. They never raised any\n\n                                       objection on this document. They for the first timeSignature Not VerifiedSANDigitally signed by MOHD TABISH KHANDate: 2023.03.15 15:38:11 IST9took objection as to the admissibility when defendants\n\n                                       tried to exhibit it during their evidence. Objection of\n\n                                       the plaintiffs as to admissibility of the document was\n\n                                       turned down by the trial Court. That order attained\n\n                                       finality, therefore, now at this belated stage when\n\n                                       plaintiffs evidence is already over. It is sought to be re-\n\n                                       agitated, that there is lacuna, in the document as it does\n\n                                       not contain signatures of the plaintiff.5.    Learned counsel has placed reliance on the\n\n                                       judgment of the Coordinate Bench in Shakun (Smt.)\n\n                                       V. Smt. Shashi Jain and Others, 2016(3) MPWN\n\n                                       121 wherein despite recording a finding that plaintiffs\n\n                                       had moved an application belatedly and should have\n\n                                       been vigilant during the trial allowed the petition\n\n                                       subject to payment of cost of Rs.3,000/- and directedSignature Not VerifiedSANDigitally signed by MOHD TABISH KHANDate: 2023.03.15 15:38:11 IST10the Trial Court to allow further examination only in\n\n                                       respect of the opinion o f the handwriting expert.6.    Facts of the present case are different. In the\n\n                                       present case neither any handwriting expert report is\n\n                                       available on record nor any evidence was led by the\n\n                                       plaintiffs disputing the signatures/thumb impression of\n\n                                       the authors of the document during the course of their\n\n                                       evidence. Therefore, in the present case, issue is not\n\n                                       only in regard to delay, issue is also in regard to\n\n                                       bonafides. When plaintiffs throughout their evidence\n\n                                       did not dispute the signatures of Ganesh, Pyare Singh\n\n                                       and thumb impression of Bhondu on the partition-\n\n                                       deed, Ex.D/2 then they could not have raised this\n\n                                       dispute for the first time during the evidence of the\n\n                                       defendants witness and then seek verification ofSignature Not VerifiedSANDigitally signed by MOHD TABISH KHANDate: 2023.03.15 15:38:11 IST11signatures of Ganesh, Pyare Singh and thumb\n\n                                       impression of Bhondu. Thus impugned order, rejecting\n\n                                       the application treating it not to be bonafide and also\n\n                                       delayed cannot be said to be illegal or arbitrary calling\n\n                                       for interference in the supervisory jurisdiction of this\n\n                                       High Court specially when facts of the case of Shakun\n\n                                       (Smt.)(supra) are different, petition is liable to be\n\n                                       dismissed and is hereby dismissed.(VIVEK AGARWAL)\n                                                                                JUDGE\n\n\n                                       TabishSignature Not VerifiedSANDigitally signed by MOHD TABISH KHANDate: 2023.03.15 15:38:11 IST