STATE Vs. RIKHAB DAS JAIN

JUDGEMENT

(1.) This revision petition has been filed by the defendant-petitioner against the order of the learned Addl. District Judge No. 1, Jodhpur dated 17/02/1992 by which its application moved under S. 151, C.P.C. for taking on record certain original documents which could not be filed earlier, has been dismissed. The facts of the case giving rise to this revision petition may be summarised thus.

(2.) The plaintiff-respondent has filed a suit for the recovery of Rs. 2,53,000.00 against the State of Rajasthan (defendant-petitioner). By order dated 3/02/1986, the defendant-petitioner was directed to produce certain documents in original in the Court. Last opportunity was given to file them by 27/09/1991. The documents were not filed even by 27/09/1991. On 30/10/1991, the Assistant Engineer (P.W.D.) Om Prakash appeared and stated that the original documents could be filed with the permission of the Chief Engineer and not otherwise. The trial Court fixed 22/11/1991 for producing the original documents. Even on this date, the documents were not produced and the same day it was ordered that an adverse inference would be drawn against the defendant-petitioner for not producing the original documents. Against this order, an application under S.151, C.P.C. was moved on 12-2-1992 with the averment that the original documents could not be produced on 22-11-1991 due to the illness of the Executive Engineer Shri B. L. Gandhi. After hearing the learned counsel for the parties, the trial Court dismissed this application by its impugned order.

(3.) Arguments of the learned Government Advocate and the learned counsel for the plaintiff-non-petitioner have been heard and record has been perused.