RAJENDRA KUMARI Vs. CHANDRAKANT & ANR

JUDGEMENT

(1.) The petitioner-plaintiff has challenged the orders dated 16.1.14 and 27.2.15 passed by the Addl. Civil Judge (East) Jaipur Metropolitan, Jaipur (hereinafter referred to as 'the trial court') in Civil Suit No. 50/99, whereby the trial court has rejected the applications filed by the petitioner under Order XI Rule 12 & 14 and under Order XVI Rule 6 of CPC.

(2.) In the instant case it appears that the petitioner-plaintiff has filed the suit against the respondents-defendants seeking declaration and permanent injunction in respect of the suit plot. According to the petitioner the said plot was originally allotted to one Kishan Chand by Laxminarainpuri Bhawan Nirman Sahkari Samiti Ltd. (hereinafter referred to as 'the said society) and the petitioner had purchased the same from Shri Kishan Chand in the year 1992. It has been alleged by the petitioner that since the father of the defendant No.2 was the President of the said society, he in collusion with the defendant No.1forged certain documents and therefore the plot was not transferred in the name of the petitioner by the said society. During the pendency of the suit, the petitioner had filed an application under Order XI Rule 12 and 14 read with Order XVI Rule 6 of CPC for production of certain documents from the said society. The said application came to be rejected by the trial court by order dated 16.10.14. The petitioner again filed an application under Order XVI Rule 6 of CPC,raising the same contentions, which also has been rejected by the trial court vide the order dated 27.2.15. Being aggrieved by the said orders, the present petition has been filed.

(3.) It has been submitted by the learned counsel Mr. Jitendra Mitruka for the petitioner that the documents sought to be called from the society are very relevant documents and therefore the trial court should have exercised its discretion in favour of the petitioner.