MEENAKSHI PROJECTS LIMITED Vs. KUNWAR SANGRAM SINGH

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioners/plaintiffs under Article 227 of the Constitution of India against the order dated 19.5.2010 passed in Civil Suit No.479/2005 by learned Additional District Judge (Fast Track), No.4, Jaipur City, Jaipur whereby the application filed by the petitioners under Order 16 Rule 6 CPC seeking summoning of 24 demand drafts from the issuing Banks and Stamp Papers from the office of ADM (Stamps), had been dismissed.

(2.) THE facts giving rise to this writ petition, as pleaded by the petitioners, are that the petitioners/plaintiffs had filed a suit for specific performance of contract and permanent injunction against the defendants on the basis of an agreement to sell dated 12.6.1986, allegedly superseded / novated by an oral agreement dated 18.8.1991. According to the petitioners, they were ready and willing to perform their part of contract which is clear from the fact that pursuant thereto they got 24 demand drafts made from three banks in the names of the persons desired by non-petitioner (seller) and also purchased Stamp Papers for the purpose of execution of sale deed.

(3.) IT is clear from the perusal of order dated 19.5.2010 that the earlier application, filed by the plaintiffs was rejected on merits after considering the arguments and contention of the plaintiffs. The Court had also held in the order dated 11.5.2010 that the application was filed belatedly in the suit pending since 1992 and further that the plaintiffs did not produce the certified copy of the documents sought to be called for. The detailed order passed by the learned trial court was not challenged by the petitioners, which has attained finality. IT is always open for the petitioners to have information under R.T.I. from the respective bank/department to prove their side of the story.