MAHESH BHAGWATI, J. - (1.) CHALLENGE in the instant writ petition is to the order dated 16th April, 2004, whereby the learned Additional District Judge (Fast Track), Sikar dismissed the application of the petitioner-plaintiff filed under Order 7 Rule 14 (3) CPC, wherein he had implored the court to grant leave to produce certain documents.
(2.) HAVING heard the learned counsel for the parties and carefully perused the relevant material on record, it is noticed that the petitioner-plaintiff filed a suit for declaration and cancellation of the judgment and decree dated 14th March, 2000 rendered in Suit No. 69/1993 by Civil Judge (Jr. Division), Sikar titled as Murti Mandir Shri Balaji Versus Nagar Parishad and others. During the pendency of the suit, the petitioner filed an application under Order 7 Rule 14 (3) CPC imploring the Court to grant leave to produce the documents viz. certified copies of Jama Bandi, Khasra Girdawari and Naksha Trace related to the year Samwat 1998 to Samwat 2049. The learned trial court dismissed the application on the ground that the petitioner was granted ample opportunity to produce these documents and the amended provisions of CPC did not entitle the petitioner to avail more that three opportunities to produce the said documents. Aggrieved with this impugned order, the petitioner-plaintiff has invoked extraordinary jurisdiction of this Court by way of filing the instant writ petition. As consistently held by this Court in umpteen cases that the parties can produce the documents in the Court under Order 7 Rule 14 (3) and Order 8 Rule 1A (3) CPC, as the case may be, but with the leave of the court alone. It is true that the petitioner plaintiff was granted ample opportunity to file the said documents and despite that the petitioner remained negligent in producing the documents. However, in the interest of justice, I deem just and proper to grant leave to the petitioner-plaintiff to produce the aforesaid documents and the delay in filing the documents can be compensated by imposing exemplary cost as the suit has been pending before the trial court since the year 2004. In view of above, the writ petition is allowed as to cost of Rs. 5000/-. The impugned order dated 16th November, 2004 stands set-aside. The learned trial court is directed to take the aforesaid documents on record only after ensuring the payment of cost of Rs. 5000/-. This cost is directed to be paid to the respondents-defendants. Consequent upon the disposal of writ petition, the stay application, filed therewith, does not survive and that also stands disposed of. ;