- (1.) The petitioner is aggrieved by the order dated 13.07.2011 passed by Civil Judge (Jr.Div.) Rajgarh, District Churu, whereby the learned Judge has refused to take certain documents on record filed under Order 8 Rule 1(3) CPC.
(2.) The learned counsel for the petitioner has contended that since there was a suit for eviction, the documents which clearly show that he has sent the rental amount for the period from 01.04.2010 to 31.03.2011 through money orders and the fact that he had deposited the rental amount for the period from 01.04.2011 to 31.03.2011 in the bank of the plaintiff should have been taken on record by the learned Judge. However, the learned Judge has erroneously invoked his power under Order 13, Rule 3 CPC and has rejected these documents.
(3.) Therefore, the impugned order deserves to be set aside.;