Brajlal S/O Late Jyanki Lal vs Babulal Morwal S/O Late Kurdaram ...
2023 Latest Caselaw 2193 Raj/2

[2023/RJJP/003113]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                  S.B. Civil Writ Petition No. 1824/2023

1.       Brajlal S/o Late Jyanki Lal, Aged About 82 Years, Resident
         Of S.b.i. Bank Near Shaho Ka Kua, Tehsil And District
         Jhunjhunu, Rajasthan.
2.       Smt. Prahaladi Devi W/o Brajlal Morwal, Aged About 69
         Years, Resident Of S.b.i. Bank Near Shaho Ka Kua, Tehsil
         And District Jhunjhunu, Rajasthan.
                                                                       ----Petitioners
                                         Versus
1.       Babulal Morwal S/o Late Kurdaram, Aged About 68 Years,
         Resident Of Ward No. 18, Karundiya Road, Jhunjhunu
         Tehsil      And    District      Jhunjhunu,         Rajasthan      Presently
         Residing At Ward No. 13, Chuna Ka Mohalla, Thathera Ki
         Dungri, Khetri, District Jhunjhunu.
2.       Jagdish Prasad Morwal S/o Late Kurdaram, Aged About 68
         Years,      Resident       Of   Ward      No.     18,      Karundiya   Road,
         Jhunjhunu         Tehsil    And     District      Jhunjhunu,      Rajasthan
         Presently Residing At Ward No. 13, Chuna Ka Mohalla,
         Thathera Ki Dungri, Khetri, District Jhunjhunu. (Since
         Deceased)
3.       Smt. Bhagvati Devi W/o Late Gokulchand, Aged About 56
         Years,      Resident       Of   Ward      No.     18,      Karundiya   Road,
         Jhunjhunu         Tehsil    And     District      Jhunjhunu,      Rajasthan
         Presently Residing At Ward No. 13, Chuna Ka Mohalla,
         Thathera Ki Dungri, Khetri, District Jhunjhunu.
4.       Suresh S/o Late Gokulchand, Aged About 56 Years,
         Resident Of Ward No. 18, Karundiya Road, Jhunjhunu
         Tehsil      And    District      Jhunjhunu,         Rajasthan      Presently
         Residing At Ward No. 13, Chuna Ka Mohalla, Thathera Ki
         Dungri, Khetri, District Jhunjhunu.
5.       Nagar Parishad Jhunjhunu, Through Commissioner, Nagar
         Parishad      Jhunjhunu          Tehsil     And      District    Jhunjhunu,
         Rajasthan.
                                                                     ----Respondents

For Petitioner(s) : Mr. Neeraj Kumar Sharma.

For Respondent(s)             :



 [2023/RJJP/003113]                     (2 of 3)                          [CW-1824/2023]


             HON'BLE MR. JUSTICE INDERJEET SINGH

                                       Order

17/02/2023

      This    writ   petition     has     been      filed     by   the    petitioners-

defendants challenging the order dated 12.01.2023 passed by the

learned trial court whereby the application under Order 7 Rule 14

CPC filed on behalf of the respondents-plaintiffs was allowed.

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

a suit for eviction, cancellation of patta and permanent injunction

against the petitioners-defendants. During pendency of the suit

proceedings when the matter was at the stage of plaintiffs'

evidence, the respondents-plaintiffs filed an application under

Order 7 Rule 14 CPC for taking the additional documents on

record which was allowed by the learned trial court vide order

dated 12.01.2023. Being aggrieved by the order dated 12.01.2023

the petitioners-defendants have approached this court by filing of

the present writ petition.

Counsel for the petitioners-defendants submitted that the

respondents-plaintiffs have submitted/produced the documents

after a delay of more than four years. Counsel further submits

that the said documents are not related to the dispute pending

between the parties.

In support of the contention counsel relied upon the

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

matter of Leeladhar Vs. Ramkishan & ors. passed in S.B. Civil Writ

Petition No.9944/2019.

Heard counsel for the petitioners-defendants and perused

the record.

[2023/RJJP/003113] (3 of 3) [CW-1824/2023]

This writ petition filed by the petitioners-defendants deserves

to be dismissed for the reasons; firstly, the application was filed

by the respondents-plaintiffs at the stage of plaintiffs' evidence,

therefore, in my considered view, no illegality has been committed

by the learned trial court in allowing the application under Order 7

Rule 14 CPC filed by the respondents-plaintiffs and the petitioners-

defendants have opportunity to cross-examine the respondents-

plaintiffs' witnesses at the time of cross-examination and the

petitioner-defendants also have a right to submit any document in

rebuttal before the learned trial court; secondly, so far as the

delay of two years in submitting the documents in the year 2022

is concerned the court was not functioning regularly due to Covid-

19 Pandemic and lastly, in the facts and circumstances of the

present case, no case is made out for interference by this court

under Article 227 of the Constitution of India.

Hence, this writ petition is dismissed.

(INDERJEET SINGH),J

MG/40

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