SMT. ANGOORI DEVI Vs. RAJENDRA SHARMA AND OTHERS

JUDGEMENT

(1.)

(2.) IN this petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 27.01.2012, whereby his application preferred under Order 8 Rule 1A (3) read with 151 CPC is rejected. Shri K.S. Tomar, learned senior counsel has confined his relief against the impugned order only to the extent Annexure P -5 is rejected by the Court below. The petitioner filed an application Annexure P -5 under Order 8 Rule 1A (3) read with 151 CPC with a request to allow the said application and take the documents on record, which were produced along with the said application. The Court below has rejected the said application by assigning the reason that in the application Annexure P -5, the petitioner has not assigned/shown the reason for placing those documents on record. In other words, the application of the petitioner is silent about the relevance of the documents. The Court below has held that in absence of showing the reason as to why those documents are necessary for lawful adjudication of the matter, application cannot be allowed. This finding of the Court below has come in view of the specific defence taken by the defendant that the whole attempt of the petitioner is to delay the proceeding and to buy time. The defendant has further stated that the documents preferred along with the application Annexure P -5 have no relation with the disputed land and, therefore, it cannot be taken on record.

(3.) I have heard the learned counsel for the parties at length and perused the record.