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2025 DAILYLAW 20858 (JHR)

TATA AIA LIFE INSURANCE COMPANY LTD THROUGH ITS AUTHORIZED REPRESENTATIVE PANKAJ KUMAR DAS v. THE STATE OF JHARKHAND

C.M.P./684/2024 · 2025-01-08

Sanjay Kumar Dwivedi

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

--1-- C.M.P. No. 684 of 2024 IN THE HIGH COURT OF JHARKHAND, RANCHI C.M.P. No. 684 of 2024 ---- 1. Tata AIA Life Insurance Company Ltd. through its authorized representative Pankaj Kumar Das, Branch Operations Executive, Son of Mr. Rudra Narayan Das, aged about 45 years at H-square, shop no. 201-202, 2nd floor, Lalpur, P.O. & P.S.- Lalpur, District-Ranchi, Jharkhand-834001. Petitioner -- Versus – 1. Mrs. Laxman Rekha, wife of Late Laxman Murmu 2. Dheeraj Ranjan, son of Late Laxman Murmu 3. Priyanka, daughter of Late Laxman Murmu Respondent no. 1 to 3 is resident of village-Raghoi, P.O.-Lotapahar, Block-Sonua Chakardharpur, P.S.-Chakardharpur, District-West Singhbhum, Jharkhand. .... Respondents ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Ms. Aulia Begham, Advocate For the Respondents :- Mr. Ranjan Kumar, Advocate ---- 02/08.01.2025 Heard learned counsel appearing for the petitioner and learned counsel for the respondents. 2. The petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 30.04.2024 passed in Original Suit No. 45 of 2021 by learned Civil Judge, Senior Division-X, Jamshedpur, whereby learned Court has allowed the petition of the plaintiff filed under Order 11 Rule 12 of the Civil Procedure Code. 3. Learned counsel appearing for the petitioner Insurance Company submits that the suit was instituted by the Respondent Nos. 1 to 3 for declaring therein that the order of repudiation on --2-- C.M.P. No. 684 of 2024 death claim of the plaintiff passed on 26.12.2019 by the defendant Insurance Company is illegal. She further submits that the plaintiff has filed the petition under Order 11 Rule 12 of the Civil Procedure Code for directing the Insurance Company to submit the original policy bond with all medical documents. She submits that the said petition vide order dated 30.04.2024 was allowed. She further submits that the document was already provided to the plaintiffs. On these grounds, the said order may kindly by set aside. 4. Order 11 Rule 12 of the Civil Procedure Code is a provision on an application for the discovery of documents and it is for the satisfaction of the learned Court to find out whether the document is required or not. The learned Court has discussed the submission of both the sides and has found that the said document is necessary and the Insurance Company is in possession of the original policy bond and in view of that, the said order has been passed and the evidence is yet to be led and the relevancy of that document can be decided in the pending suit which is still pending. 5. There is no illegality in the order, as such, this petition is dismissed. (Sanjay Kumar Dwivedi, J.) Rashmi/