BAKSHA RAM AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition is directed against order dt. 11.4.12 of the Civil Judge (Senior Division), Ratangarh in Civil Original Case No. 5/09, whereby an application preferred by the petitioner under Order VII Rule 14(3) of Civil Procedure Code, 1908 ('CPC') stands rejected. The petitioners filed a suit for declaration and permanent injunction regarding a "Katani Rasta" from Daudsar to Dheerasar in Tehsil -Ratangar District - Churu, with the leave of the Court in terms of provisions of Section 91(1)(b) of CPC. The petitioner produced certain documents before the Court. The respondents raised an objection in terms that the document sought to be produced could be taken on record only by way of an application under Order VII Rule 14(3) of CPC. The objection was sustained by the trial Court and accordingly, vide order dt. 21.4.10, the documents were refused to be taken on record. In these circumstances, the petitioner preferred an application under Order VII Rule 14(3), seeking leave of the Court to produce the documents. The application was contested by the respondents by filing a reply thereto. After due consideration, the application stands rejected by the trial Court by the order impugned. Hence, this petition.

(2.) LEARNED counsel for the petitioner submitted that the Court below has rejected the application on the basis of order dt. 21.04.2010, without appreciating the fact that the documents earlier produced were not taken on record solely on the ground that no leave was sought in terms of provisions of Order VII Rule 14(3) of CPC. Learned counsel submitted that the application under Order VII Rule 14(3) was filed by the petitioner then and there and this fact is even recorded in the order dt. 21.04.2010 passed by the Court below. Learned counsel submitted that the Court below has committed serious error in not considering the application preferred on merits.

(3.) I have considered the rival submissions and perused the material on record.