RADHEY SHYAM AND OTHERS Vs. BANSIDHAR AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioners.

(2.) The plaintiff-petitioners have preferred this writ petition challenging the impugned order dated 24th November, 2008 passed by Additional Civil Judge (Junior Division) No.3, Jaipur City, Jaipur in Civil Suit No. 467/1993, whereby the application filed by defendants for production of two documents under Order 8 Rule 1 CPC has been allowed.

(3.) The learned counsel for the petitioners argued that plaintiffs filed a suit for permanent injunction and for demolition of disputed construction and in the facts and circumstances of the case, the documents in dispute which have been taken on record, were not at all material and necessary for adjudicating the real controversy involved in between both the parties, therefore, the trial court has committed an illegality in allowing the said application. In the alternative, he contended that the present suit was filed in the year 1973 and the same is pending for last more than 35 years, therefore, trial court be directed to expedite the trial of the suit.