ABDUL JABBAR Vs. BETUL BIBI AND ORS.

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner challenging the order dt. 22.11.2012 passed by Civil Judge & Judicial Magistrate, First Class, Ajmer (West) (for short 'the Trial Court') whereby application filed by the petitioner -plaintiff under order 12 Rule 8 CPC has been rejected. Contention of learned counsel for the petitioner is that the petitioner -plaintiff in the aforesaid application prayed the learned Trial Court to direct the respondents -defendants to produce partition deed dt. 21.09.2005 along with map of disputed property, since they are in exclusive possession of said document, which is necessary for deciding the suit.

(2.) LEARNED Trial Court has rightly rejected the application of the petitioner because no such application was filed when the suit was pending before it. Suit was dismissed by the Trial Court vide judgment and decree dt. 20.03.2012 where against an appeal was preferred by the petitioner and the appellate Court remanded the matter to the Trial Court for recording specific finding on Issue No. 4 whether the Defendant No. 1 was owner of the property in dispute and therefore, she was not bound by the partition. Therefore, the specific finding which was required to be recorded by the trial Court is whether the Defendant No. 1 was not in exclusive possession of the property in dispute and whether she was not bound by the partition. For deciding the aforesaid issue, learned Trial Court has to pass final order based on material which is available on record. At this stage, filing of application by the petitioner is nothing but an attempt to further delay the proceedings before the Trial Court. There is no infirmity in the order dt. 22.11.2014 passed by the Trial Court. The writ petition is, accordingly, dismissed.