SOBHA SINGH Vs. KAMAL NURSERY

JUDGEMENT

(1.) This petition impugns the order dated 03.01.2017 passed by the learned Civil Judge in CS No. 56936/16 rejecting the petitioner's application under section 151 of the Code of Civil Procedure, 1908 read with section 137 of the Indian Evidence Act, 1872, which sought to bring on record certified copies of this Court's records in support of their suit.

(2.) It is the petitioner's case that the said Court records were sought to be adduced the very next day after closure of evidence of the respondents, when the case was otherwise listed for arguments. The petitioner contends that they were not a party to Writ Petition (Civil) No. 3954/2011 which had been preferred by the respondent/defendant and they serendipitously got to know about the writ proceedings only when the counsel for the petitioner was surfing the High Court website apropos information about another disposed-off litigation, by the name of Kamal Saini vs. Prasad. In the present case, the respondent's name is Kamal Saini. The diligent curiosity of the learned counsel led him to the said Writ Petition of which, after obtaining certified copies, he filed the same before the learned Trial Court.

(3.) What emanates from the preceding discussion is that the impugned order of the learned Trial Court is founded on an assumption that the petitioner had due knowledge of the said writ proceedings. The assumption cannot necessarily be held against the petitioner in the absence of proof- documentary or otherwise that the petitioner did, in fact, have prior information of the writ proceedings.