Nandram vs. Ramnarayan @ Hanuman Anr

CW13628/2014

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

ORDER IN S.B. Civil Writ Petition No.13628/2014 With Stay Application No.12500/2014

Nandram Vs. Ramnarayan alias Hanuman and Another

Date of Order ::: 06.04.2015

Present Hon'ble Mr. Justice Mohammad Rafiq

Shri Kapil Bardhar, counsel for plaintiff-petitioner ####

By the Court:-

Plaintiff-petitioner, in this writ petition, has challenged order dated 29.09.2014 of learned Civil Judge (Junior Division), Jaipur Metropolitan (East), Jaipur, passed on the application under Order 13 Rule 10 of the Code of Civil Procedure, whereby learned court below has rejected the same. Plaintiffpetitioner, by aforesaid application, prayed for direction to summon original documents from the court of A.C.J.M. No.6, the documents referred to in the application are the copy of original agreement to sell and the power of attorney.

Contention of learned counsel for plaintiffpetitioner is that plaintiff-petitioner had already placed on record certified copies of those documents with earlier application under Order 13 Rule 10 of the CPC, which application was allowed by learned trial court vide order dated 09.11.2012 and certified copies thereof had been taken on record. Despite taking those documents on record, now the trial court has rejected the application on premise that plaintiff-petitioner can obtain certified copies from the court of A.C.J.M. and produce them on record, as the certified copies of such documents have not so far been produced on record. This observation, according to learned counsel for plaintiff-petitioner, is based on misreading of the record. Learned counsel for plaintiff-petitioner has referred to order-sheets of the trial court especially the order-sheet dated 09.12.2011 to bring home this point.

If that be so, the plaintiff-petitioner should make a fresh application before the learned trial court pointing out this mistake and get appropriate order passed with regard to aforesaid documents.

With that liberty, the writ petition is disposed of. It is made clear that the order impugned herein shall not come in the way of learned trial court to pass fresh order.

Stay application is also disposed of.

(Mohammad Rafiq) J.

^//Jaiman//44

All corrections made in the judgment/order have been incorporated in the judgment/order being emailed. Giriraj Prasad Jaiman PS-cum-JW