RAJESH SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioners are plaintiffs in the trial Court. They are aggrieved by an order passed by learned Civil Judge (Sr. Divn.), Court No. 1, Kangra, H.P. in an application under Sec. 151 Civil Procedure Code filed in Civil Suit No. 6-K/2009, whereby the permission sought by them to produce in evidence the documents annexed to this petition has been declined.

(2.) The suit has been filed by the plaintiffs for seeking declaration that they are Pujaris since time immemorial and also for recovery of their share in offerings like other Pujaris of Mata Brijeshwari Devi Temple, Kangra, H.P. The suit presently is at arguments stage. Learned trial Judge has declined the permission sought by the plaintiffs to produce the documents in evidence on the ground that the application should have been filed under Order 7, Rule 14 (3) of the Code of Civil Procedure. Also that the plaintiffs have failed to satisfy as to how the documents were necessarily required for just decision of the case and what prevented them from producing the same in evidence at an appropriate stage.

(3.) True it is that the procedure for producing documents which the plaintiffs failed to produce at the time of institution of the suit, is provided under rule 14(3) of Order 7 CPC. The application, however, was filed under Sec. 151 Civil Procedure Code praying therein that the Court should exercise inherent jurisdiction and allow the plaintiffs to produce in evidence the documents in question.