DEU AND ANOTHER Vs. GULABI AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed seeking to question the order dated 10.12.2012 (Annex.5) passed by the learned Additional District Judge No. 2, Bhilwara whereby an application filed by the respondents No. 1 and 2 under Order 8 Rule 1A(3) CPC has been allowed and they have been permitted to produce document on payment of cost of L 500/-.

(2.) The facts of the case are that the petitioners filed a suit against the respondents No. 1 to 7 for declaration and permanent injunction in respect of sale deed dated 10.10.2008 relating to immovable property situated at Village Biliya Kallan, Tehsil and District Bhilwara. The respondents No. 1 and 2 filed their written statement and disputed the averments made in the plaint.

(3.) After framing the issues, the plaintiffs led their evidence and the matter was fixed for defendants' evidence. At this stage, an application under Order 8 Rule 1A(3) CPC was filed by the respondents No. 1 and 2. It was inter-alia stated that the plaintiffs have claimed the property as ancestral and have questioned the sale executed by Smt. Sangari. It was stated that husband of plaintiff Smt. Deu, Shri Ganesh S/o Shri Gopi Gurjar got sale of the land comprised in Araji No. 495, 496, 497 and 1220, 1210 on 15.5.1988 from the said Smt. Sangari and got the same mutated in his name and name of Shri Ganesh S/o Shri Gopi Gurjar is entered in the Jamabandi. The certified copy of Jamabandi could not be filed along with the reply earlier as the said fact came to the notice of the defendants after filing of the written statement. The defendants are illiterate and defendant Smt. Gulabi is quite old, therefore, defendants wanted to exhibit the said document in their evidence. The basis on which, Smt. Deu has filed a suit, the said basis has already been used by her earlier, which fact has been suppressed in the plaint and, therefore, the said document was necessary to be brought on record. The applicants came to know about the said fact on 20.11.2012 and immediately thereafter certified copy has been obtained and is being produced.