NAVODAYA SHIKSHA SAMITI Vs. DHARMENDRA GUPTA

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been filed assailing the legality and validity of the order dtd. 27/5/2022 passed by the learned Additional District Judge No.3, Jaipur Metropolitan-I, Jaipur in Civil Suit No.23/2009 whereby, an application filed by the petitioners/plaintiffs under Order 11 Rules 12 and 14 CPC has been dismissed.

(2.) The relevant facts in brief are that the petitioners filed a suit for declaration and permanent injunction against the respondents/defendants on the basis of their possession over the subject property since the year 1991. During the pendency of the suit, they filed an application under Order 11 Rules 12 and 14 CPC for discovery of title documents of the three plots, the basis of claim of title by the respondents No.1 to 3 over the subject property and a power of attorney. The application has been dismissed by the learned trial Court vide its order dtd. 27/5/2022, the subject matter of challenge.

(3.) Assailing the order impugned, learned counsel for the petitioners submitted that since the defendants have raised their claim qua the subject property on the strength of Pattas issued to them by the New Pink City Grah Nirman Sahakari Samiti Limited and the proceeding on their behest was being pursued by their power of attorney holder, the learned trial Court erred in dismissing their application filed under Order 11 Rules 12 and 14 CPC. He, therefore, prayed that the writ petition be allowed, the order dtd. 27/5/2022 be quashed and set aside and the application filed by them be allowed.