Mahesh S/O Shri Girraj vs Bahadur Singh S/O Shri Mawasiram
2021 Latest Caselaw 7146 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 15527/2019

1.     Mahesh S/o Shri Girraj, Aged About 42 Years, B/c Jat, R/o
       Kesariya Ka Nagla, At Present C/o Rajveer Singh, Brij
       Nagar Colony, Bharatpur.
2.     Smt. Kamlesh W/o Shri Mahesh, Aged About 40 Years, B/
       c Jat, R/o Kesariya Ka Nagla, At Present C/o Rajveer
       Singh, Brij Nagar Colony, Bharatpur.
                                                                    ----Petitioners
                                     Versus
Bahadur Singh S/o Shri Mawasiram, Aged About 42 Years, B/c
Jatav, R/o Village Hatheni, At Present R/o Brij Nagar Colony,
Tehsil And District Bharatpur
                                                                   ----Respondent

For Petitioner(s) : Mr. J.K. Moolchandani.

For Respondent(s)          :     Mr. Amit Jindal.



            HON'BLE MR. JUSTICE INDERJEET SINGH

                                      Order

03/12/2021

     This   writ    petition     has      been      filed     by   the   petitioners

challenging the order dated 01.08.2019 passed by the trial court

whereby the application submitted by the petitioners-defendants

under Order 8 Rule 3 CPC was dismissed.

Brief facts of the case are that the respondents-plaintiff filed

a suit for permanent injunction against the petitioners-defendants

before the learned trial court in the year 2012. During pendency of

the suit the petitioners-defendants filed an application under

Order 8 Rule 3 CPC which was dismissed by the learned trial court

vide order dated 01.08.2019. Hence, this writ petition has been

(2 of 3) [CW-15527/2019]

filed by the petitioners-defendants challenging the order dated

01.08.2019.

Counsel for the petitioners-defendants submitted that the

trial court has committed serious illegality in dismissing the

application submitted by the petitioners-defendants as the

agreement dated 26.05.2006 is necessary to decide the

controversy involved in this matter. Counsel further submitted that

the document could not be produced at the time of filing of the

written statement as the same was misplaced.

In support of his contention counsel relied upon the

judgment passed by the Co-ordinate Bench of this court in the

matter of 'Smt. Hukum Kanwar Vs. Yagya Narayan Singh'

reported in 2018 (1) CDR 455 (Raj.). Counsel further relied

upon the judgment passed by this court in the matter of

'Vedprakash Rathor & Anr. Vs. Munshiram Jattav & Ors.'

reported in 2020(1) DNJ (Raj.) 123.

Counsel for the respondent submitted that the suit filed by

the respondent-plaintiff is pending before the learned trial court

since 2012 and the petitioners-defendants have filed application in

the year 2018 just to delay the suit proceedings.

Heard counsel for the parties and perused the record.

This writ petition filed by the petitioners-defendants deserves

to be dismissed for the reasons; firstly, the document in question

was very much in possession of the petitioners-defendants at the

time of filing of the written statement; secondly, no reason has

been assigned by the petitioners-defendants in their application

for delay in filing the documents; thirdly, the suit is pending before

the learned trial court since 2012 and the petitioners-defendants

have filed the application in the year 2018 just to delay the suit

(3 of 3) [CW-15527/2019]

proceedings and lastly, in the facts and circumstances of the

present case, I am not inclined to exercise the extra-ordinary

jurisdiction of this court under Article 227 of the Constitution of

India.

Hence, this writ petition stands dismissed.

(INDERJEET SINGH),J

MG/276

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