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2025 DAILYLAW 27437 (ALL)

DR. SHUSHOM SHEOHARE v. RAVI KUMAR GUPTA AND 3 OTHERS

A227/2421/2025 · 2025-03-11

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53986 Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 2421 of 2025 Petitioner :- Dr. Shushom Sheohare Respondent :- Ravi Kumar Gupta And 3 Others Counsel for Petitioner :- S.K. Mishra Hon'ble Ajit Kumar,J. By means of present petition filed under Article 227 of the Constitution, petitioner has assailed the order dated 1st January, 2025 passed by the prescribed authority whereby his miscellaneous application baring paper no. 45-C2 for direction has been rejected. It is contended on behalf of the petitioner that certain interrogatories were sought to be pressed into service and the Court has manifestly erred in rejecting the same. From the perusal of the order impugned, I find that learned counsel for the petitioner has relied upon the authority of this Court in the matter of Sohan Singh v. Maiku Lal , 1975 (1) AllLR 528, in which the Court has held that Section 34(1)(d) of U.P. Act No. 13 of 1972 discovery provided would not only the documents, but also include discovery by interrogatories. Having heard learned counsel for the petitioner, perused the records and judgment and passed by prescribed authority and I do not find myself in agreement with the view expressed by the prescribed authority that discovery by interrogatories will not be included under Section 34(i)(d), but considering the over all facts and circumstances of the case and looking to the interrogatories, while the matter is listed for final disposal, I refuse to grant indulgence in the matter, at this stage. However liberty rests with the petitioner to take it as a ground in appeal in the event prescribed authority decides against him and he challenges the order in appeal. Petition is accordingly dismissed and consigned to records with aforesaid liberty. Order Date :- 12.3.2025 Sanjeev Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad