PUNIT AGRAWAL Vs. MURARILAL

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed challenging the order dated 11/03/2019 passed by 16th Civil Judge, Class-I, Gwalior in Case No.18-A of 2003.

(2.) It is submitted by the counsel for the petitioner that the original plaintiff Kailash Narayan had filed a suit for declaration of title, permanent injunction as well as for declaring the sale deed dated 14/06/2001, as null and void. A declaration was also sought to the effect that the defendant No.1 has no right to recover the rent as against the rights of the plaintiff. A permanent injunction was also sought to the effect that the defendant No.1 be restrained from alienating the suit property as well as from dismantling the same. After framing of issues, the case was fixed for recording of evidence of the plaintiff witnesses and the petitioner plaintiff Punit Agarwal submitted an affidavit under Order 18 Rule 4 of CPC and the cross- examination of plaintiff Punit Agrawal was not taken at the relevant time. At the aforesaid stage, the plaintiff petitioner filed an application under Order 7 Rule 14 (3) r/w Section 151 of CPC for taking certain documents on record, which were mentioned in the list of documents and according to the petitioner, they are relevant documents to decide the real controversy involved in the case.

(3.) The defendant No.4 filed his reply to the application and denied the contention made therein and prayed for dismissal of the application on the ground of delay.