SUNIL & OTHERS Vs. ANAND GUPTA & OTHERS

JUDGEMENT

(1.) The present petition has been filed by the petitioners, who are defendants in civil suit i.e. Civil Suit No.13-A/2013 pending before the Additional District Judge, Kukshi, District Dhar seeking a relief of declaration and injunction. A declaration has been sought to declare them as partners of Surya Talkies. The petitioners - defendants before this Court are aggrieved by order dated 26/07/2018 passed by learned Judge allowing the application under Section 65 of the Evidence Act.

(2.) The plaintiffs in the civil suit have filed their evidence under Order XVIII Rule 4 of the Code of Civil Procedure, 1908 and as stated in the petition that before the cross-examination could take place, the respondents No.1 to 4 have preferred an application under Section 65 of the Evidence Act for taking on record as many as 13 documents relating to the year 1961 to 1997.

(3.) A reply was filed in the matter and the prayer for taking the documents on record was opposed by the defendants. The documents relates to certain entries, certain orders passed by Nagar Palika, Kukshi. It has been stated that the documents are not available with the Nagar Palika, Kukshi and as the existence of the documents is doubtful, the application could not have been allowed in the manner and method it has been done.