MD.GHULAM ALI Vs. MD.SULEMAN

JUDGEMENT

(1.) The petitioners, by way of filing the instant writ petition under Article 227 of the Constitution of India, have prayed for quashing and setting aside the orders dated 28.5.2012 and 5.9.2012, whereby, the court below has refused to mark exhibits of certain documents, which according to petitioners, were necessary for the determination of the issue involved in the case. Heard the learned counsel for the parties and perused the impugned judgments as well as materials placed on record.

(2.) It appears that in the court below three suits bearing Title Suit No. 55/03, Title Suit No. 63 of 2003 and Title Eviction Suit No. 13/2003 were filed. According to the learned counsel for the petitioners, the sale deed, which is vital documents, was produced in Title Suit No. 63 of 2003 and since the said suit was pending, the petitioner was not in a position to produce the said document in Title Suit No. 55/2003.

(3.) The learned counsel for the petitioners in support of his submissions has referred to and relied upon the decisions given in the case of Lakshmi and Anr. vs. Chinnamaal @ Rayyammal and Ors.,2009 3 JCR 90 (SC) and by referring para 12 of the said judgment submitted that the court below should not ordinarily refuse the production and marking of a document on record, which is essential for proving the case by a party. The another decision is also referred to and relied upon by the learned counsel for the petitioners given in the case of Muter Dhobi vs. Parbil Dhobi and Ors.,2012 3 JLJR 248. By referring paras 4 to 6 of the said judgment, the learned counsel for the petitioner submitted that the procedural technicalities should not come in way of the parties for the production of essential documents which are necessary for the determination of the real issues, involved in the matter.