V.K. SHARMA Vs. MINAKSHI SHARMA AND ANR.

JUDGEMENT

(1.) PETITIONER has filed the present petition under Article 227 of the Constitution of India against the order passed by the learned Civil Judge (Senior Division), Court No. VI, Shimla, dated 23.11.2010, whereby the application filed by the Respondent/Plaintiff under Order 7 Rule 14(3) Code of Civil Procedure was allowed.

(2.) A notice of the petition was issued to the Respondents.

(3.) A perusal of the record shows that the suit for permanent injunction for restraining the Defendants from alienating, in any manner, the suit property, as detailed in the plaint, was filed by the Plaintiff. The suit was being contested by Defendants No. 1 and 2. During the course of proceedings, the case was fixed for rebuttal evidence of the Plaintiff and an application under Order 7 Rule 14(3) Code of Civil Procedure was filed by the Plaintiff to place on record certain documents. The documents in question are certified copy of the jamabandi of some property owned by Defendant No. 1 and original electricity bill of the property of the Defendant. The learned trial Court vide its impugned order had allowed the production of these documents at a later stage when the case was fixed for rebuttal evidence of the Plaintiff, hence the present petition.