- (1.) CHALLENGE in this writ petition is to the order dated 25.2.2005, whereby the learned Civil Judge (Jr. Division) Karauli dismissed the application filed by the defendant-petitioner for taking the document on record.
(2.) HAVING heard the learned counsel for the petitioner and carefully perused the relevant material on record, it is noticed that the learned Civil Judge (Jr. Division), Karauli dismissed the application of the petitioner filed under Order 8 Rule 1A (3) of CPC on the ground that neither any affidavit was filed in support of the application nor any plausible reason was shown for not filing the document in question earlier nor any application was filed by the petitioner to summon the document in question from the Cooperative Society. It is also noticed that the documents, which the petitioner intends to file in the Court are the patta and two receipts. The provisions of Rule 1A (3) of Order 8 CPC have been incorporated in the Legislature with intent to take certain documents on record, which could not be filed by the defendant along-with the written statement, but these documents can be taken on record only with the leave of the Court. The learned trial court ought to have exercised the discretion liberally. He seems to have taken a tough attitude in not permitting the defendant-petitioner to bring the documents on record. Hence, in view of the facts and circumstances of the case, I deem just and proper to take the documents on record with cost. In view of above, the writ petition is allowed. The impugned order dated 25.2.2005 passed by the learned trial court stands set-aside. The learned trial court is directed to take the documents filed by the defendant-petitioner on record subject to the payment of the cost of Rs. 2000/-, which shall be paid to the respondents-plaintiffs. It is made clear that the documents filed by the defendant-petitioner shall be taken on record only after the payment of cost of Rs. 2000/- to the plaintiff-respondents. The writ petition stands disposed of accordingly. Consequent upon the disposal of writ petition, the stay application, filed therewith, does not survive and that also stands disposed of.;