GARG, J. - (1.) THIS revision petition has been filed by the petitioner-defendant against the order dt. 16. 2. 2001 passed by the learned Addl. Civil Judge (J. D.), Bhilwara in Civil Suit No. 28192, whereby the application submitted by the present petitioner-defendant u/o. 13 R. 2 CPC intending to produce certified copy of the judgment, was rejected.
(2.) DETAILED facts need not be stated here and it is suffice to say that an application u/o. 13 R. 2 CPC was filed by the petitioner-defendant before the learned Addl. Civil Judge (J. D.), Bhilwara, through which he produced the certified copy of the judgment dated 6. 8. 1998 and made prayer that it may be taken on record. This application of the petitioner was rejected by the learned Addl. Civil Judge (J. D.), Bhilwara vide order dated 16. 2. 2001 holding inter alia that the application was filed with an intention to delay the proceedings. Aggrieved from the said order dt. 16. 2. 2001 passed by the learned Addl. Civil Judge (J. D.), Bhilwara, this revision petition has been filed by the petitioner-defendant. I have heard the learned counsel for the petitioner and the learned counsel for the respondents and gone through the impugned order. From the impugned order dated 16. 2. 2001 passed by the learned Addl. Civil Judge (J. D.), Bhilwara, it appears that the application of the petitioner-defendant was rejected on the ground that it is belated one and has been filed with a view to delay the proceedings. In my considered opinion though the application has been filed with some delay, but the certified copy of the judgment, which was going to be produced through that application, can be said to be above suspicion and such type of judgment should be admitted so that justice can be done to the parties. For the reasons stated above, this revision petition filed by the petitioner defendant is allowed and the impugned order dated 16. 2. 2001 passed by the learned Addl. Civil Judge (J. D.), Bhilwara is set aside. The application filed by the petitioner- defendant u/o. 13 R. 2 CPC by which he produced the certified copy of the judgment, is allowed on payment of cost of Rs. 1,000/- (Rs. one thousand only ). It is made clear that since certified copy of the judgment is going to be produced in Court, for that no evidence be recorded and it is hoped that both parties will admit it. . ;