HEERA LAL Vs. MANGI BAI AND OTHERS

JUDGEMENT

(1.) The present petition has been filed by the petitioner-defendant challenging two separate orders dated 09th March 2013 passed by the learned Additional District Judge No. 3, Bhilwara in Civil Original Suit No. 03/2012 (63/2007) whereby applications filed by the petitioner-defendant under Order 16 Rule 6 Code of Civil Procedure for summoning of persons for production of documents have been rejected.

(2.) As per relevant facts of the case, respondent-plaintiffs filed a suit for declaration and injunction. After filing written statement, the petitioner-defendant moved an application for summoning Naravan Jat for the purpose of producing registered sale-deed dated 29th June 1974, which was rejected by the learned court below on 23rd Dec. 2011. The petitioner-defendant preferred a Writ Petition (No. 96/2012), which was dismissed by this Court with the observation that the matter is at the stage of plaintiffs' evidence and the stage has not reached where defendant is to lead his evidence.

(3.) The petitioner-defendant, during the course of defendant's evidence, again moved two applications under Order 16 Rule 6 Code of Civil Procedure for summoning Narayan Jat with original sale deed dated 29th June 1974 and for summoning Iswar and Shivraj sons of Ladu, along with original sale deed dated 19th March 2012, After hearing both sides, the learned court below rejected both the applications vide impugned orders dated 09th March 2013, with the observation that previously application with similar prayer had already been considered, which had been dismissed. Aggrieved by the impugned orders dated 09th March 2013, present writ petition has been filed.