Ram Babu And Others vs Mandiran Sen Samaj Trust
2021 Latest Caselaw 7550 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil First Appeal No. 359/2010

Ram Babu And Others
                                                                   ----Appellant
                                    Versus
Mandiran Sen Samaj Trust
                                                                 ----Respondent

For Appellant(s) : Mr. Ashok Sharma, Advocate For Respondent(s) : Mr.Aakash Gupta, Advocate for Mr. Bihari Lal Agrawal, Advocate

HON'BLE MR. JUSTICE PRAKASH GUPTA Order

13/12/2021

Matter comes up on an application under Section 151

read with Order 13 Rule 9 CPC for returning the original

documents (Exhibit 4 and Exhibit 32 to Exhibit 34) produced and

filed by the respondent-plaintiff (for short "the plaintiff") and for

taking copies of the same on record.

Learned counsel for the plaintiff submits that the

plaintiff filed a suit for possession, which was decreed by the trial

Court vide judgment and decree dated 29.05.2010, against which

the present appeal has been filed by the appellants-defendants

(for short "the defendants"). He further submits that in the

present matter, decree has already been executed by the

Executing Court and the possession has also been taken over by

the plaintiff.

He further submits that in suit No. 84/2009, which

came to be decided by the trial Court vide its judgment and

decree dated 29.05.2010, the plaintiff produced and filed original

documents (Ex.4 and Ex.32 to Ex.34). The plaintiff is in the need

(2 of 3) [CFA-359/2010]

of aforesaid original documents, therefore, they may be returned

to the plaintiff and in place thereof, the copies annexed with the

application may be taken on record.

Learned counsel for the defendants has opposed the

same and submits that against the judgment and decree dated

29.05.2010 passed by the trial Court, the defendants filed the

aforesaid appeal, which was admitted by the Co-ordinate Bench of

this Court vide order dated 03.11.2010 and on 12.09.2012,

interim order was granted in favour of the defendants, which was

continued from time to time. The aforesaid documents are forged

and fabricated and after obtaining the same, the plaintiff would

destroy the same. Hence the aforesaid original documents should

not be returned to the plaintiff.

Heard. Considered.

Taking into consideration the facts and circumstances of

the case, I deem it just and proper to return the aforesaid original

documents to the plaintiff.

Accordingly, the application is allowed and the

documents (Ex.4, Ex.32, Ex.33 and Ex.34) are directed to be

returned to the plaintiff, after retaining the certified copies of the

same on record with the condition that the plaintiff shall furnish an

undertaking before the Registrar (Judicial) of this Court to the

effect that he shall produce the original documents (Ex.4, Ex.32,

Ex.33 and Ex.34) as and when called upon to do so and/or the

documents are summoned by the Court as also to the effect that

he shall not destroy the aforesaid original documents and shall

keep them in good condition.

It is made clear that in case the plaintiff fails to produce

the aforesaid original documents as and when he is called upon to

(3 of 3) [CFA-359/2010]

do so and / or when the documents are summoned by the Court,

contempt proceedings will be drawn against him.

(PRAKASH GUPTA),J

Mohit-36

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