SHANTI LAL Vs. KANHAIYA LAL ALIAS KRISHNA CHANDRA

JUDGEMENT

(1.) By this petition for writ validity and propriety of the order dated 21-11-2003 passed by learned Additional District Judge No. 2, Udaipur is questioned. The circumstances giving rise to present petition are as follows :-

(2.) By an order dated 14-7-1999 learned trial Court rejected an; application preferred by defendant-petitioners under Order 13, Rule 2, CPC with a prayer to take on record a photostat copy of the judgment dated 6-6-1987 passed by learned Additional Chief Judicial Magistrate No. 3, Udaipur in the case of State v. Krishna Chandra alias Kanhaiyalal (original Cr. Case No. 188/85). The defendant-petitioners wanted to bring the copy of judgment referred above on record as according to them the plaintiff was accused in that case and defended himself as Kanhaiyalal alias Krishna Chandra son of Nandlal Ameta.

(3.) The core question for adjudication before the trial Court in present suit is whether the plaintiff is adopted son of Bhawanishankar Ameta and is entitled to any right in the property in question, therefore, the judgment dated 6-6-1987 passed by Additional Chief Judicial Magistrate No. 3, Udaipur was considered by the defendant-petitioners as a material piece of evidence, hence they preferred the application under Order 13, Rule 2, CPC. The said application was rejected by the trial Court on the grounds that (1) the defendant-appellant failed to gave sufficient reason to produce photostat copy of the document instead of its certified copy; (2) no reason sufficient to cause delay in submitting application to bring the document concerned on record is given; (3) the plaintiff shall not be having opportunity to explain his stand about document in the event of taking document on record at this stage; and (4) the evidence of the defendant already stood closed, therefore, now by bringing the document on record the right to tender evidence cannot be opened.