KANHAIYA LAL Vs. SUSHILA DEVI

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioners -plaintiffs, challenging the order dt. 30.11.2013 passed by the Additional District & Sessions Judge, Camp Court Dudu, Jaipur (hereinafter referred to as "the trial Court"), whereby the trial Court has not marked the documents as exhibit, produced by the petitioners alongwith the affidavit. After having heard the learned counsels for the parties, it appears that the only controversy raised by the petitioners -plaintiffs is that the trial Court though has observed that the documents produced by the petitioners -plaintiffs are public documents, and deserve to be exhibited, did not exhibit the same, by holding that the said documents could not be exhibited by the affidavit filed by the petitioners. It is not disputed by the learned counsels for the parties that the documents in question are the public documents, they being certified copies of the orders, and that the said documents were permitted to be produced by the Court. It is also not disputed that the suit is now fixed for final arguments, and therefore no other stage is left for exhibiting the said documents.

(2.) UNDER the circumstances, when the petitioners have produced the documents alongwith the affidavit, and when the said documents are found to be the public documents as observed by the trial Court in the impugned order, the same are required to be exhibited in the evidence. In that view of the matter, the trial Court is directed to mark exhibits to the documents in question. With this direction, the writ petition stands disposed of.