SMT. KAMLA Vs. SMT. NIRMAL KANWAR AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed against the order of the court below dated 5.2.2013 rejecting the application of the petitioner. The petitioner sought to produce original copies of certain documents, photo copies of which according to learned counsel for the petitioner are already on record. Learned counsel cited the judgements of this Court in Madan Lal v.. Rent Tribunal, Alwar, S.B. Civil Writ Petition No. 6514/2005 decided on 5.4.2006, Ram Narayan Vs. District Judge, Bikaner, S.B. Civil Writ Petition No. 1815/2006 decided on 19.4.2006 and Ghisya Vs. M.J.M. Karauli & Anr., S.B. Civil Writ Petition No. 3059/1990 decided on 14.2.1991.

(2.) Counsel for the petitioner has argued that the nearest judgement on the subject is that of Ram Narayan, supra wherein in an election petition at the stage of hearing, certain copies of documents were sought to be produced. Learned counsel referred to the list of documents contending that the originals could not be filed due to over sight.

(3.) Having heard the learned counsel for the petitioner, I find that the judgement of Ram Narayan, supra was rendered in a situation where an order has been passed by the learned District Judge allowing the documents at the stage of final hearing. But, in the present case, the application has been filed not at the stage of final hearing, but after the arguments were heard on 21.1.2003, the judgement was reserved and the matter was deferred for pronouncement of judgement on 4.2.2003. No justification has been shown as to why when the matter was fixed for final arguments, the documents were not produced. Thus, the stage at which the documents were filed in the case of Ram Narayan, supra was quite different and moreover in that case, the documents that were filed were certain copies. In the present case, the documents like janam patri, noterised adoption deed and the birth certificate etc. are sought to be filed. Whatever would be effect of filing the aforesaid documents would be seen by the learned court below, however, the filing of documents after the judgement is reserved, cannot be permitted.