MAHANAT BHEEM BHARTI Vs. GENRAL PUBLIC

JUDGEMENT

(1.) The present writ petition has been filed against the order dtd. 19/3/2025 passed by learned District Judge, Sriganganagar in Civil Case No.73/2011 (CIS No.46/2014), whereby the application preferred by the petitioner-plaintiff under Order VII Rule 14(4) read with Sec. 151 CPC was rejected.

(2.) Brief and relevant facts necessary for adjudication of the present petition are that the petitioner-plaintiff had filed a petition bearing No.73/2011 before the Court of District Judge, Sriganganagar under Sec. 278 of Indian Succession Act, 1925 for issuing Certificate of administration regarding 47 bighas and 10 biswas land in Chak 37 PBN Tehsil Suratgarh and 119 bighas and 11 biswas land in Mauja Dhadhiyawali, Tehsil Suratgarh being only living disciple of deceased Shri Kalyan Bharti Ji. During pendency of the suit proceedings, the petitioner has moved an application under Order VII Rule 14(4) read with Sec. 151 CPC on 17/3/2025 for taking document namely Certificate dtd. 3/3/2025 and Certificate dtd. 25/1/2025 on record. The said application has been rejected vide order dtd. 19/3/2025. Aggrieved against the order impugned, the present writ petition has been filed.

(3.) Learned counsel for the petitioner submits that the Court below has utterly failed to appreciate that the documents sought to be brought on record are relevant and necessary for proper adjudication of the matter and merely on hypertechnical grounds, the said application for bringing certain documents on record has been rejected.