SATYA NARAYAN Vs. GHISEE DEVI

JUDGEMENT

(1.) The instant writ petition has been preferred by the petitioner against the order dated 17.1.2013 passed by the Civil Judge (Senior Division) and Additional Chief Judicial Magistrate, Pali (hereinafter referred to as 'the trial court') whereby the application preferred by the petitioner under Order 7 Rule 14 C.P.C. for producing certain documents on record was rejected. Learned counsel for the petitioner has argued that the learned trial court has rejected the application preferred by the petitioner under Order 7 Rule 14 C.P.C. for taking certain documents on record without taking into consideration the fact that the petitioner came to know about the existence of the said documents only on 14.9.2012 and immediately on 21.9.2012, he moved an application for taking the said documents on record. It is further contended by learned counsel for the petitioner that the documents sought to be taken on record by the petitioner are important documents and if the same are not allowed to be taken on record, the case of the petitioner will be prejudiced.

(2.) This Court has considered the submissions made by the learned counsel for the petitioner and perused the impugned order passed by the learned trial court.

(3.) The learned trial court while considering the application preferred on behalf of the petitioner has observed that the petitioner-plaintiff has filed the suit for cancellation of the sale deed dated 12.6.1987 in the year 2004 and after availing several opportunities, the petitioner-plaintiff produced his evidence and thereafter evidence of the respondent-defendant has also been completed and the case is at the stage of final arguments from 27.9.2012.