CHANDALINGEHSWAR DEVASTHAN TRUST COMMITTEE Vs. SANGANGOUDA

JUDGEMENT

(1.) Aggrieved by the order dated 26/9/2015 passed by the learned Civil Judge, Kushatagi, whereby the learned Civil Judge has answered the reference made by the Court Commissioner by holding that the document used by the petitioners for confronting DW-1 need not be marked as document during the trial, the petitioners have approached this Court.

(2.) According to the petitioners, there is a temple situated on the hill top portion of Survey No.68/1, in Bilagi village, Kushtagi taluk. Moreover the temple is said to be of ancient date. Since a large number pilgrims and worshipers had started attending the temple, in 1997, the petitioners and some of the devotees formed a trust by name of "Shri. Chandalingeshwar Devasthan Trust Committee, Manneral, Bilagi Taluk, Kushtagi". According to the petitioners, one Sangangouda, who was not a member of the Poojari family, and who was unconnected to the daily rituals of the temple, started interfering with the functioning of the temple.

(3.) The learned counsel for the petitioners has relied on Order 7 Rule 14 of CPC to plead that, a document in possession of the plaintiff can be presented either with the plaint or thereafter. The only requirement of Order 7 Rule 14(3) of CPC is that, in case the document is to be presented thereafter, the leave of the Court is required. However, according to the learned counsel although the petitioners have tried to produce the document after filing of the plaint, the learned trial Court has rejected their plea for marking the said document. Therefore, the impugned order deserves to be set aside.