- (1.)This writ petition has been filed by the petitioner aggrieved against the order dated 3/2/2020 passed by the Addl. District Judge No.5, Jodhpur Metro, whereby, the application filed by the petitioner under Order XVI Rule 6 CPC read with Section 151 CPC for summoning documents/record from the Deputy Commissioner, Income Tax Department has been rejected.
(2.)The petitioner filed a suit seeking cancellation of sale deed and permanent injunction inter alia alleging that despite there being an agreement dated 28/6/2004 in favour of the plaintiff, the land in question was transferred by respondent no.1 through registered sale deed dated 13/5/2005 in favour of respondent no.2; allegations were also made that the land in question has been transferred in favour of respondent no.2 as Benami, in fact the sale deed has been got executed by respondent no.3 with a view to finish the right of the petitioner. Based on the submissions, the relief for cancellation was sought.
(3.)The suit was contested by the respondent no.1 disputing the validity of the agreement and the averments regarding sale of the land in favour of the respondent no.2 being Benami. Respondent nos. 2 and 3 filed a joint written statement disputing the averments made in the plaint taking pleas similar to that of respondent no.1.