SAJJAN RAJ Vs. SUSHIL AGARWAL

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner against the order dated 02.08.2013 passed by Additional Civil Judge (JD) No.6, Jodhpur Metropolitan (for short 'the trial court' hereinafter), whereby several applications preferred by the petitioner under section 151, Order 6 Rule 5 read with section 151, section 30 CPC read with Order 16 Rule 14 and 15 read with section 151 CPC, Order 26, Rule 10A read with section 151, Order 13 Rule 10 CPC read with section 151 CPC have been rejected.

(2.) BRIEF facts of the case are that respondent -Sushil Agarwal filed a suit for specific performance of contract against the petitioner and other defendants, which is pending before the trial court since 1991. When the plaintiff failed to appear before the learned trial court on several occasions for cross -examination by the opposite party on the affidavit filed by him in support of the suit, the learned trial court vide order dated 19.05.2007 has closed the evidence of the respondent -plaintiff while observing that if on the next date, the plaintiff produces documents regarding his treatment in connection with the accident, due to which he failed to appear before the Court, he is entitled to give his evidence. The matter was fixed for 21.07.2007 for recording the evidence of the defendants. On 21.07.2007, the respondent -plaintiff moved an application under section 151 CPC along with an affidavit and produced the documentary evidence regarding his treatment in connection with the alleged accident.

(3.) THE petitioner -Sajjan Raj - defendant No.3, in the suit, filed a first information report regarding forged and fabricated medical certificates filed by Sushil Agarwal before the learned trial court for the purpose of producing his evidence and for which, the learned trial court has passed the order dated 04.12.2007, before Police Station, Udaimandir, Jodhpur. In that criminal case, the police, after investigation, has found that the medical certificates produced by the petitioner are forged and fabricated and hence, filed charge -sheet against respondent -Sushil Agarwal for the offences punishable under sections 465 and 471 IPC before the competent criminal court.