POONAM YADAV Vs. KRISHNA KUMAR YADAV

JUDGEMENT

(1.) This writ petition has been filed against the order dated 11.02.2020 whereby, the application filed by the petitioner- plaintiff under Order 7 Rule 14 (3) read with Section 151 CPC, has been dismissed.

(2.) e facts in brief are that the petitioner filed a suit in the year 2007 for possession and permanent injunction against the respondent/defendant stating therein that she was owner of the plot No.86 which the defendant was occupying as trespasser after termination of his license by her vide notice dated 12.10.2006. At the stage, when the case was fixed for plaintiff's rebuttal evidence, she filed an application under Order 7 Rule 14 (3) read with Section 151 CPC seeking to take on record the documents pertaining to allotment of Flat No.116, Sahyog Apartments, Vidhyadhar Nagar, Jaipur to the defendant by the Government, obtained by her under the Right to Information Act, 2005 (for short "the Act of 2005"). The aforesaid application has been dismissed by the learned trial Court vide its order impugned dated 11.02.2020.

(3.) Assailing the order dated 11.02.2020, learned counsel for the petitioner contended that the documents in question were public documents, genuineness of which was beyond doubt and were relevant for decision of the controversy involved in the matter. Hence, learned trial Court erred in dismissing the application.