JAGDISH PRASAD Vs. NATHULAL AGARWAL MAHAJAN

JUDGEMENT

(1.) This writ petition has been filed assailing the order dated 04.01.2020 whereby, the learned trial Court has allowed the application filed by the defendants no. 1 and 2 under Order 8 Rule 1 (3) read with Section 151 CPC.

(2.) The facts in brief are that the petitioners-plaintiffs filed a suit for partition, possession, permanent injunction, cancellation of sale deed and preemption. Before the defendants evidence could begin, the defendants no. 1 and 2 filed an application as aforesaid for taking certain documents on record; all certified copies of the public documents baring one family pedigree. The learned Trial Court has vide its order dated 04.01.2020 impugned herein allowed the aforesaid application.

(3.) Assailing the order, learned counsel for the petitioners- plaintiffs submitted that issues were settled between the parties more than 20 years ago, their evidence already stands over and just to delay the proceedings, defendants have filed this application with extraneous consideration. He contends that since there is already a direction by this Court to decide the suit within specified period, learned trial Court did not afford him proper opportunity to rebut the averments made by the applicants- defendants in their application. He also contends that since their evidence is over, they will not get proper opportunity to rebut the new documents taken on record. He, therefore, prays that the order dated 04.01.2020 be quashed and set aside.