Smt. Jhunni Devi vs Smt. Rami Devi And Others
2011 Latest Caselaw 1398 ALL

Citation : 2011 Latest Caselaw 1398 ALL
Judgement Date : 27 April, 2011

Allahabad High Court

Smt. Jhunni Devi vs Smt. Rami Devi And Others on 27 April, 2011

Bench: Rajes Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - C No. - 24510 of 2011
 

 
Petitioner :- Smt. Jhunni Devi
 
Respondent :- Smt. Rami Devi And Others
 
Petitioner Counsel :- S.A. Lari
 

 
Hon'ble Rajes Kumar,J.

The petitioners are plaintiffs in the suit. The suit was filed for permanent injunction along with an application under Order 39 Rule 1 C.P.C., which is marked as 6C. The disposal of 6C application is pending. It appears that the plaintiffs have made a reference in some of the documents in the plaint. An application has been moved by the defendants that the documents should be filed by the plaintiffs. The plaintiffs objected such request. The trial court has rejected the request of the defendants against which the defendants filed revision, which has been allowed.

Learned counsel for the petitioners submitted that it is on the petitioners to file the documents to substantiate their claim. The defendants cannot insist for filing of such documents. 6C application is pending for the disposal. The revisional authority has illegally directed the petitioners to file such documents.

The matter requires consideration.

Issue notice to respondent nos. 1 & 2 returnable at an early date. The petitioners may take steps to serve the respondents within a week.

List in the week commencing 11.7.2011.

Till the next date of listing, the operation of the order dated 4.3.2011 in revision no. 120 of 2010, Smt. Rani Devi and another Vs. Smt. Jhunni Devi shall remain stayed. It is made clear that the proceeding of the suit has not been stayed.

Order Date :- 27.4.2011