SADAR MOHD. Vs. GRAM PANCHAYAT BANSI AND ORS.

JUDGEMENT

(1.) The present petition has been filed by the petitioner-plaintiff challenging the order dated 6.9.11 passed by the Civil Judge (JD) First Class, Nainva, District Bundi (hereinafter referred to as 'the trial court')in Civil Suit NO. 25/06, whereby the trial court has rejected the application of the petitioner for production of the additional documents under Order 7 Rule 14 of Civil Procedure Code.

(2.) In the instant case it appears that the petitioner-plaintiff has filed the suit for declaration and permanent injunction which is at the fague end, inasmuch as both the parties have led their respective evidence and the matter is kept for final arguments by the trial court. After the evidence of the respondents-defendants was over, the petitioner-plaintiff sought to produce certain documents under Order 7 Rule 14 of Civil Procedure Code on the ground that the said documents were relevant to the issue involved in the suit and the same were misplaced by the petitioners and, therefore could not be produced earlier. The said application was opposed by the respondents-defendants. The trial court vide the impugned order dated 6.9.11 rejected the said application.

(3.) It has been sought to be submitted by the learned counsel Mr. A.K. Pareek for the petitioner that the documents sought to be produced are relevant for the purpose of replying the counter-claim made by the respondent Nos. 3 and 4 and the same having been misplaced by the petitioner, could not be produced earlier. Mr. Pareek submitted that the evidence of the petitioner-plaintiff in rebuttal is also over during the pendency of the present petition and, therefore the petitioner would not lead any further evidence except the evidence for getting the documents exhibited.