SHANTI DEVI Vs. GHANSHYAM

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been filed by the petitioner/defendant assailing the legality and validity of the order dtd. 8/4/2022 passed by the learned Civil Judge, Malakhera, Alwar whereby, an application filed by him under Order 8 Rule 1A (3) CPC, has been dismissed.

(2.) The facts in brief are that the respondents/plaintiffs filed a suit for permanent and mandatory injunction against the petitioner in the year 2012. During course of trial, the petitioner moved an application under Order 8 Rule 1A (3) CPC seeking leave of the Court to place on record a photocopy of the Will dtd. 22/12/1946. The application has been dismissed vide order dtd. 8/4/2022, impugned herein.

(3.) Learned counsel for the petitioner contended that the learned trial Court erred in dismissing the application only on ground of delay without appreciating its relevance or admissibility. He submitted that a document tendered by any of the parties can be taken on record at any stage and hence, the order dtd. 8/4/2022 is liable to be quashed and set aside. He, in support of his submissions, relied upon two judgments of this Court in cases of I.B.P. Company Ltd. and Anr. versus Smt. Chandra Bai and Ors.: 2000 DNJ [Raj.] 33 and Ratan Kumari versus Addl. District and Sessions Judge (Fast Track) No.7, Jaipur City, Jaipur and Ors.: 2012 (3) DNJ (Raj.) 1373.