DUNGAR SINGH Vs. LRS. OF JAGDISH CHANDRA

JUDGEMENT

(1.) THIS writ petition is directed against the order dtd.6.2.2006 whereby the defendant's application under Order 8 Rule 3(1)(a)(3) C.P.C. read with Section 151 C.P.C. dtd.22.10.2005 came to be rejected by the learned Additional Dist. Judge (Fast Track) No. 6, Udaipur in Civil Case No. 117/2005 (141/83)(87/1997). By exparte order dtd.26.5.2006, the trial of the suit was stayed by the coordinate bench of this Court.

(2.) THE learned counsel for the petitioner Mr. C.S. Kotwani submitted that the application has been rejected merely on the ground of delay in trial in the present suit pending since 1983, but it was not on account of any fault of the petitioner defendant No. 6, but the plaintiff himself moved for amendment of the plaint on more than one occasion. He submitted that the documents sought to be produced with the said application were relevant documents and they pertained to the other suit No. 1/1998, statements recorded by the court, voters' list etc.

(3.) HAVING heard the learned counsels and upon perusal of the reasons given in the impugned order, this Court is satisfied that the same does not require any interference in the writ jurisdiction under Article 227 of the Constitution of India. The trial Court has assigned proper reasons for rejecting the said application viz. not establishing the relevance and explaining the cause of delay in producing the same. Consequently, the present writ petition of the defendant is found to be devoid of merit and the same is accordingly dismissed. No order as to costs.