SUNIL KUMAR Vs. SAMBHU SINGH

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging order dated 13.07.2017 passed by the Civil Judge (West), Bhilwara {to be referred as 'the trial court'} in Civil Suit No.17/2010, whereby an application filed by the petitioner-plaintiff under Order 7 rule 14 CPC was dismissed.

(2.) Counsel for the petitioner submitted that the trial court has wrongly rejected the application submitted by the petitioner- plaintiff as the documents in question are Government documents and the same are very much necessary to decide the controversy involved in the suit. Counsel further submitted that the trial court has failed to appreciate relevance of the documents with the matter and wrongly rejected the application. In support of his contentions, counsel for the petitioner relied on 2012 (3) DNJ (Raj) 1373: Ratan Kumari vs Addl. District & Sessions Judge (Fast Track) No.7, Jaipur City, Jaipur & others; 2011(1) CIVIL COURT CASES 760 (P&H): Mahinder Singh vs A.C.I.G. Ballabgarh & ors.; 2016 (4) CIVIL COURT CASES 733 (Delhi): Abdul Mueed & ors vs. Hammad Ahmed & ors.

(3.) Counsel for the respondent supported the judgment passed by the learned trial court and submitted that the learned trial court has rightly held that the documents are not necessary to decide the present controversy. In support of his contentions, the counsel for respondent relied on judgment rendered by Hon'ble Supreme Court in M/s Bagai Constrution through its proprietor Mr Lalit Bagai vs M/s Gupta Building Material Store (Civil Appeal No.1787/2013, decided on 22.02.2013) and judgments passed by this Court in Abdul Hameed vs Municipal Board, Nagaur and ors. (SBCWP No.5463/2009, decided on 13.09.2012); Sahi Ram vs Bhanwari Devi (SBCWP No.4891/2016, decided on 16.12.2016); Radhey Shyam and anr vs Mahavir Prasad and ors. (SBCWP No.4889/2010, decided on 19.04.2010); Narayan Lal vs Mangi Lal and ors. (SBCWP No.3422/2013, decided on 04.07.2013); 2017(4) CDR 2061 (Raj.): Smt Mithu Devi and anr vs Smt Indubala @ Sheela and ors. Heard learned counsel for the parties and perused record of the case.