BHOJRAJ Vs. JAGDISH PRASAD OJHA

JUDGEMENT

(1.) Imploring annulment of the impugned order dated 26 th July 2012 (Annex.6) passed by the learned District Judge, Bikaner (for short, 'the learned trial Court'), whereby the learned trial Court allowed the application of the respondent-plaintiff under Order 7 Rule 14 read with Section 151 CPC, the petitioner-defendant has laid the instant writ petition under Article 227 of the Constitution of India.

(2.) Precisely stated the facts of the case are that the first respondent-plaintiff instituted a civil suit before the learned trial Court for eviction from the shop, which was let out to the petitioner and for arrears of rent. The civil suit was contested by the petitioner-defendant and written statement was filed denying the allegations contained in the plaint. After framing of the issues, the evidence of respondent-plaintiff commenced and statements of respondent-plaintiff, Jagdish Prasad were recorded. After conclusion of the evidence of the respondent- plaintiff, the petitioner-defendant himself appeared in the witness box as D.W.1. During his cross-examination, when the counsel for the respondent-plaintiff made endeavour to confront the petitioner with certain documents, which were certified copies of a petition laid by the petitioner under Section 19A and Section 12 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, the counsel for the petitioner-defendant objected. To meet the said objection of the petitioner-defendant, the respondent-plaintiff made endeavour to place on record the certified copies of those documents and with that intent an application under Order 7 Rule 14 CPC was submitted on his behalf before the learned trial Court. The learned trial Court after hearing the rival parties, by the impugned order allowed the application of the respondent-plaintiff and has taken on record the certified copies of the documents on payment of cost of Rs.200/-.

(3.) I have heard the learned counsel for the petitioner, Mr. B.M. Agarwal, and perused the impugned order.