NOYAL DATA RAM Vs. BHUSHAN

JUDGEMENT

(1.) The petitioner has invoked the supervisory jurisdiction of this Court by filing the present petition under Article 227 of the Constitution of India to impugn the orders dtd. 14/12/2018 and 12/4/2019 passed by learned Additional District Judge-05, South District, Saket Courts, Delhi (hereinafter referred as 'Trial Court') in CS No.8373/2016 titled as 'Bhushan vs. Sant Ram and Ors.' whereby the applications filed on behalf of the petitioner under Order VII Rule 14(3) of the Code of Civil Procedure, 1908 (hereinafter referred as 'CPC') for leave of the Court to place on record certain documents has been dismissed.

(2.) It is the case of the petitioner that respondent no.1 has filed a civil suit against the petitioner and respondent nos.2 to 7 seeking partition and permanent injunction in respect of property bearing No.65-A, Savitri Nagar, New Delhi-110017 (hereinafter referred as 'subject property'). In the suit, the respondent no.1 has pleaded that the subject property was in the absolute ownership of one late Shri Kalu Ram, the great-grandfather of the respondent no.1 who expired on 11/5/1992, whereupon the subject property devolved upon the grandfather of the respondent no.1, Shri Mawasi Ram.

(3.) It is also stated that Shri Mawasi Ram expired in the year 2000 leaving behind four children i.e. petitioner and respondent nos.2 to 4. The respondent no.1 and respondent nos.5 to 7 are the legal heirs of one pre deceased son of Shri Mawasi Ram i.e. late Shri Joel Data Ram. Respondent no.1 claimed 5% share in the subject property being 1/4th share out of the alleged share of 20% which was to fall to the share of his father late Shri Joel Data Ram. Respondent no.1 thus claimed reliefs in the subject suit property through his predeceased father Shri Joel Data Ram.