MUNNA LAL S/O SHRI BHANWAR LAL Vs. SULOCHANA DEVI W/O SHRI MUKESH AGARWAL, BY CASTE MAHAJAN, RESIDENT OF MERTA CITY, DISTRICT NAGAUR

JUDGEMENT

(1.) By way of this writ petition, the petitioners have approached this Court for challenging the order dated 26.9.2011 passed by the District Judge, Merta in Civil Original Case No. 23/2007 whereby, the application filed by the petitioners under Order 7, Rule 14 CPC for taking an affidavit of the defendant Ram Deen on record was rejected.

(2.) I have considered the arguments advanced at the Bar and have gone through the impugned order.

(3.) The petitioners are the plaintiffs before the trial Court. If any material adverse to the interest of Ram Deen was spelt out from his affidavit sworn earlier, then the petitioners are definitely entitled to use the same subject to the admissibility under the provisions of the Evidence Act. Thus, the trial Court was not justified in rejecting the application preferred by the petitioners. The order under challenge is unreasoned and illegal and thus, cannot be sustained.