AJAY KUMAR AGRAWAL Vs. SUSHILA BAI

JUDGEMENT

(1.) These three writ petitions under Article 227 of the Constitution of India have been preferred by the petitioner who has filed three separate civil suits for eviction of therespondents. In all the suits, the trial Court has rejected the petitioner/plaintiff's application under Order 18 Rule 17 of the Code of Civil Procedure, 1908 (for short 'the CPC'), which was preferred by him seeking permission to prove the document by exhibiting the same.

(2.) The suits have been filed sometimes in the month of December, 2005. The eviction has been sought on the ground of arrears of rent; occupation of additional area belonging to the landlord which was not let out to the defendants and raising construction thereon as also on the ground of denial of landlord's title. Plaintiff's evidence was closed sometimes in April, 2011 and thereafter, he moved an application on 14.11.2011 under Order 7 Rule 14 read with Order 13 Rule 2 of the CPC seeking permission to produce some photographs of the suit premises for confronting the defendants at the time of their cross-examination. This application was allowed by the trial Court on 10.05.2012 and, thus, the photographs have been taken on record.

(3.) The subject application under Order 18 Rule 17 read with Section 151 of the CPC were preferred on 26.09.2013 stating that the photographs which have been taken on record were photographed by the plaintiff's attorney holderon 20.05.2005, however, they have not been exhibited and proved, therefore, the plaintiff may be permitted to mark the photographs as exhibits and prove the same so as to make it admissible in evidence.