MAHAVIR PRASAD JAIN Vs. SHAMBHOO KUCHABANDIYA

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution, challenge is made against an order dated 27.8.2003 passed by the learned Court rejecting the application under Order 7 Rule 14 (3) of CPC filed by the petitioner and refusing to take document on record.

(2.) PETITIONER filed suit in question seeking relief for permanent injunction against the respondents regarding land in question. It is the case of the petitioner that he is Bhumiswami of the land in possession. He has recorded Bhumiswami in the Khasra entry. It was further alleged that defendants No. 1 with an intention to take the land of the villagers is illegally interfering with the petitioner's right of possession.

(3.) SHRI Jain, learned counsel, submitted that in view of the provision of the Order 13 Rule 2 having been deleted from 1.7.2000 and after coming into force of the provision Order 7 Rule 14 (3), learned Court had power to grant permission and take document on record. However, refusal to take document amounts to illegality with regard to exercising power inasmuch as if the document is not permitted to be brought on record, it will cause serious prejudice to the petitioner. It was submitted by Shri Jain, learned counsel, that it was only when the written statement was filed that he came to know about the objection raised with regard to want of permission for transfer of the land and therefore, it was filed under Order 7 Rule 14 (3).