JAGAT SINGH Vs. JAIDEV

JUDGEMENT

(1.) Petitioner before this Court, is a tenant in a suit, which has been instituted by the respondent no.1, wherein, by virtue of the impugned order, which is the subject matter of challenge in the present writ petition, the learned trial court of 3rd Additional Civil Judge (Senior Division), Dehradun, had allowed the plaintiff application paper no.159 (1) (2) and has rejected the defendant's, objection, paper no.161 (c) (2) and as a consequence thereto, the learned trial court has accepted the "Will" dated 24.05.1985 to be taken on record, which was in fact the basis of the suit.

(2.) The contention of the learned counsel for the petitioner is that the said acceptance of the document on record of suit at a highly belated stage, particularly when, it is the foundation of the suit, would not be sustainable for reasons itself, that the suit was instituted in the year 2004, and it remained pending, because since it entails an aspect of declaration and the grant of decree of permanent injunction, the determination of the vitalities of the "Will" dated 24.05.1985, would have played a pivotal role in deciding the inter se rights between the parties to the suit. Considering the aforesaid aspect by the impugned order, the said "Will" was directed to be taken on record on payment of the cost of Rs.1,000/-. Admittedly the record shows that the said cost has been accepted by the learned counsel, for the petitioner.

(3.) The aspect pertaining to the acceptance of the document on record in a civil proceedings is contemplated under the provisions contained under Order 7 Rule 14 of the CPC and as per the logical interpretation given to sub-rule (3) of Rule 14 of Order 7 of the CPC, it is not creating or intended to create an absolute bar for the plaintiff, particularly, to preclude him from placing on record the documents, which he wants to place reliance in support of the case and the logic and the intention of the legislation by incorporating sub-rule (3) of the Rule 14 Order 7 of the CPC, is for the purposes, that the parties to a proceedings may be able to substantiate their case on merits and there may be an adjudication of the lis after providing ample opportunity to the parties to the proceedings.