MOTI KAPILA Vs. SANJAY KUMAR

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, following reliefs have been prayed for:- "It is, therefore, prayed that impugned order dtd. 2/11/2018, Annexure P-4, passed by the Ld. Senior Civil Judge, Court No. 1, Una, in CMA under Order 8 Rule 1-A (3), titled Sanjay Kumar and another vs. Moti Kapila, whereby the application for placing on record the documents has been dismissed may be quashed and set aside and the petitioner may be held entitled to place on record the relevant documents, in the interest of justice. Any other relief, deeded proper in the facts and circumstances of the case may also be allowed."

(2.) Brief facts necessary for adjudication of the present petition are that respondents herein have filed a suit for mandatory injunction against the present petitioner directing him to hand over the suit land as also for recovery of licence fee of 2,30,000/-. Said suit was filed somewhere in the month of November/December, 2011. Written statement by the present petitioner was filed to the suit in the year 2012.

(3.) In the year 2018, when the suit was at the arguments stage, an application stood filed by the present petitioner/defendant under Order 8, Rule 1-A(3) of the Code of Civil Procedure (hereinafter referred to as the 'Code') for permission to produce and prove on record certified copies of police complaint dtd. 15/9/2010 and police diary No. 28, dtd. 15/9/2010. A copy of the said application is appended on record as Annexure P-8. It stood mentioned in the said application that at the time of filing of the written statement, certified copies of the said documents were not in the hands of defendant nor were traceable in the record of Police Department and the same could only be traced and collected by the defendant by applying under Right to Information Act from the Una Police on 29/3/2018 and that too with great efforts. It further stood mentioned in the application that the application was filed in good faith and in a bonafide manner and without any unreasonable delay.