DHEERAJ SINGH Vs. KOMAL SINGH AND OTHERS

JUDGEMENT

(1.) The present petition has been preferred by the plaintiff being crestfallen by the order dated 10.07.2015 Annexure P/1 passed by the trial Court, whereby the application preferred by the petitioner under Order 13, Rule 10 Civil Procedure Code has been rejected.

(2.) Facts in brief are that petitioner/plaintiff has instituted a suit for declaration of title and permanent injunction with respect to suit property. Written statement has been filed by the respondents and contested the claims made by the petitioner.

(3.) In earlier round of litigation, wherein the present respondent No.1- Komal was also part of the suit proceedings (civil suit No. 4-A/2005) as defendant and wherein the present respondent No.1 has admitted certain facts in the written statement regarding execution of sale deed and petitioner is the beneficiary of said sale deed. Therefore, it assumes significance if petitioner leads that admission of respondent No.1 in the present suit proceedings. Therefor, petitioner obtained certified copy of the written statement and his testimony in the earlier civil suit 4-A/2005 and now, he wants to place those documents before this Court in original through bringing the said documents from the said suit proceedings (the said suit has been disposed of) to this Court and, therefore, application under Order 13, Rule 10 Civil Procedure Code has been preferred.