NAWAL Vs. KHEM JI

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner-defendants feeling aggrieved by the order dtd. 16/8/2022, passed by Additional District and Sessions Judge, Sagwara, District-Dungarpur whereby the application preferred by petitioner-defendants under Order VIII Rule 1A (3) C.P.C., seeking leave of the court to produce sale agreement dtd. 31/7/1995 and ikrarnama dtd. 20/2/2006 was rejected.

(2.) The facts essential for adjudication of the writ petition are as follows:-

(3.) After service of notices, the petitioner-defendants filed written statement with the averment that the complete consideration of the residential property was paid by them, though the disputed property was registered in the names of petitioner No.1 and the respondent-plaintiff. The trial court framed issues on the basis of pleadings of the parties. Thereafter, the respondent-plaintiff and his son were examined as P.W-1 and P.W-2. At the stage when matter was fixed for evidence of the petitioner-defendants, an application dtd. 5/7/2022 was moved under Order VIII Rule 1A (3) seeking leave of the court to produce sale agreement dtd. 31/7/1995 and ikrarnama dtd. 20/2/2006 which was rejected by the learned trial court vide order dtd. 16/8/2022. Aggrieved by the order dtd. 16/8/2022, present writ petition has been filed.