2025:CGHC:16566 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(227) No. 797 of 2025 Shrawan Singh S/o Shri R.B. Singh Aged About 42 Years R/o Patliputra Nagar, Lingiyadih Bilaspur, Police Station - Sarkanda, Tahsil And District - Bilaspur Chhattisgarh ---- Petitioner Versus Smt. Sangeeta Gupta W/o Shri Satyaprakash Gupta Aged About 35 Years R/o Plot No. 84, Rajkishore Nagar Bilaspur, Police Station - Sarkanda, Tahsil And District - Bilaspur Chhattisgarh Respondent For Petitioner : Shri Ratnesh Agrawal. Advocate. Hon'ble Shri Justice Sachin Singh Rajput Order on Board 13/10/2025 1. Heard on Admission. 2. Challenge in this writ petition is to an order dated 30/07/2025 passed by V District Judge, Bilaspur (C.G.) in Civil Suit No. 3B/2020 by which an application under Order 12 Rule 4 of the C.P.C filed by the petitioner /plaintiff was rejected. In the same order, another application under section 151 C.P.C. was also dismissed. 3. Learned counsel for the petitioner submits that the petitioner/plaintiff has filed civil suit against the respondent / defendant for recovery of Rs.19,00,000/- at the strength of an agreement entered between petitioner/plaintiff and respondent / defendant. He further submits that the certain payments were made by the petitioner/plaintiff's tthrough cheques. The written statement of the plaint was also filed by the respondent/defendant but there was no specific pleadings controverting the averments made in the plaint. Therefore application under 12 rule 4 of CPC was filed. ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.10.29 18:16:50 +0530 -2- 4. In the application prayer was made that the defendant/respondent may be directed to accepts/denied with regard to fact that whether in the agreement dated 22/02/2017 she has put her signature on both the pages and as to whether the respondent/defendant has also put signature in the Notary Register in respect of the agreement dated 22/02/2017 and as to whether the cheque number 616864 and 616862 was deposited in her bank account of State Bank, Vypaar Vihaar, Bilaspur and the same was credited. Another application was filed under section 151 CPC with regard to proper pleadings and clarification in the written statement. He further submits that until and unless such facts are brought on record, it would be difficult to the petitioner to lead evidence if those facts are denied by the respondents/defendants, the petitioner would call the evidence from the bank to demonstrate that the said cheques were given to the respondents/defendants and which was duly received by the respondents/defendants. Therefore, the learned trial court has committed an error in rejecting the applications. 5. Heard learned counsel for the petitioner and peruse the record. 6. Learned trial Court after appreciating the submission made in the application, gave a categorical finding that to accept the execution of the agreement and to receive the said amount through cheques would be against the interest of the defendant. After due discussions, rejected both the applications. The petitioner/plaintiff has all right to prove its pleading by examining the witnesses either in respect to prove of the execution of the agreement or payment of the amount through cheques by calling the witnesses in this regard. This Court would is not impressed by the arguments advanced by learned counsel for the petitioner/plaintiff and does not find illegality or jurisdictional error in rejecting the applications by the learned trial Court. 7. Thus writ petition fails and dismissed. Sd/- Sd/- (Sachin Singh Rajput) Judge Ashish