LEELA DEVI Vs. AMAR CHAND

JUDGEMENT

(1.) The petitioners/plaintiffs, aggrieved by order dtd. 21/5/2024 (Annex.14) passed by learned Additional District Judge No.2, Bhilwara ('Trial Court'), have preferred the instant writ petition, whereby the application preferred by the petitioners/ plaintiffs under Order VII Rule 14 CPC has been partly accepted to the extent of keeping the documents on record, however, the prayer made by the petitioners to form a part of evidence, has been rejected.

(2.) The facts apposite for the purposes of disposal of this writ petition are that the petitioners/plaintiffs filed a suit for partition and permanent injunction against the respondent/defendant. On being served with the summon of the suit, the respondent/defendant filed his written statement stating therein that the suit property came into his share and possession in view of family settlement arrived at amongst the family members. The issues were thereafter framed on 5/1/2006.

(3.) During pendency of the suit, the petitioners/plaintiffs filed an application (Annex.7) under Order VI Rule 14 read with Sec. 151 CPC with a prayer to take certain documents on record viz. certified copies of the three sale-deeds dtd. 19/4/205, 27/7/1989 and 15/1/1987 pertaining to land of Aaraji Nos.771, 772 and 778, 773 and 3477 of village Bemali. Along with application, the petitioners sought to produce photostat copy of meter card of Electricity Board and rent receipts dtd. 4/7/1979 containing signatures of Chain Sukh Bohra, as owner.