DURGA LAL RAO Vs. KISMAT DEVI AND ORS

JUDGEMENT

(1.) This writ petition has been preferred by the petitioner against the order dated 16.01.2012 passed by learned District Judge, Bhilwara (for short 'the trial court' hereinafter), whereby the learned trial court has rejected the application preferred by the petitioner under Order 7 Rule 14 of the Code of Civil Procedure in Civil Misc. Case No.535/2008.

(2.) The learned counsel for the petitioner has argued that though in the application filed by the petitioner under section 10 of the Guardian and Wards Act, the petitioner mentioned about the documents, which he now sought to produce on record but the learned trial court has rejected the application of the petitioner under Order 7 Rule 14 of the Code of Civil Procedure, while observing that the petitioner did not mentioned about the same in the application under section 10 of the Guardian and Wards Act.

(3.) Per contra, learned counsel for the respondents has supported the order passed by the learned trial court and argued that the petitioner failed to disclose any reason in his application under Order 7 Rule 14 of the CPC for non-production of the said documents earlier though the same were in possession of the petitioner and related to the period prior to the filing of the application under section 10 of the Guardian and Wards Act and, therefore, the learned trial court has not committed any illegality in passing the impugned order.