SANJIV KUMAR Vs. SADH MOHAMMAD

JUDGEMENT

(1.) By way of this petition, the petitioners have assailed the order passed by learned Trial Court dtd. 17/10/2023, in terms whereof, an application filed by the petitioners herein under Order 8, Rule 1(a) of the Code of Civil Procedure, was dismissed by the learned Trial court by assigning the following reasons:-

(2.) As despite service, none appeared for the respondents, accordingly, they were proceeded against ex parte.

(3.) Learned Senior Counsel appearing for the petitioners has drawn the attention of the Court to the documents appended with the petition, including the plaint and written statement as well as the application filed under Order 8, Rule 1-A(3) of the Code of the Civil Procedure. Learned Senior Counsel submitted that though there is a lack of due diligence on the part of the petitioners but all that they intend to place on record are the certified copies of the judgments passed in earlier litigations, which stand referred in the civil suit and acknowledged in the written statement by the defendants. He further submitted that said documents being the judgments passed by the Court are otherwise per se admissible and in these circumstances, the impugned order is extremely harsh and an important aspect of the matter has not been appreciated by the learned Court below that the petitioners were not praying for placing on record any general documents but the request was only to place on record the certified copies of the judgments which were not in dispute. Accordingly, he prayed that the petition be allowed as prayed for.