NIRBHAY SINGH Vs. CHELNA DEVI

JUDGEMENT

(1.) The instant writ petition preferred under Article 227 of the Constitution of India impugnes order dtd. 20/1/2018 passed by the learned Senior Civil Judge No.1, Udaipur (hereinafter referred to as 'the trial Court') whereby the petitioner's application dtd. 19/1/2018 under Order XIII Rule 1 of the Code of Civil Procedure was dismissed.

(2.) The facts appertain are that the plaintiff-Nirbhay Singh (being represented by his legal representatives) instituted a suit for cancellation of sale deed. During the course of trial, the petitioner moved an application dtd. 19/1/2018 and prayed that an order passed by the Municipal Corporation be taken on record and the plaintiff be permitted to confront Amritlal Taya (DW-1) with the same.

(3.) The petitioner's application dtd. 19/1/2018, came to be rejected by the trial Court inter-alia observing that DW-1 himself is a defendant and not a witness and therefore, the provisions of Order XIII Rule 1 of the Code of Civil Procedure are not applicable. While rejecting the said application, the trial Court relied upon the judgment of this Court rendered in the case of Kirodi Lal Vs. Chhitar Mal reported in AIR 14 Raj. 18.