Jainendra Kumar Ranka, J. - (1.) THE plaintiffs -petitioners have filed instant writ petition assailing the order dt. 10/09/2012 passed by the learned trial Court by which the learned trial Court has rejected the application filed by the plaintiffs -petitioners under Order 11 Rule 12 CPC seeking direction from the learned trial Court to direct the defendants -respondents No. 3 to 6 to produce the "Patta" issued in favour of late Bhagwana Ram, grandfather of the plaintiffs -petitioners with respect to the ancestral residential premises of the plaintiffs -petitioners. It is the submission of counsel for the plaintiffs -petitioners that there is a "Patta" issued by the Gram Panchayat, Revasa and the said "Patta" was taken by the defendants -respondents No. 3 to 6 and since then it is lying with them and it was relevant to be placed before the learned trial Court. Counsel further submits that the learned trial Court ought to have directed the defendants -respondents No. 3 to 6 to produce the same before the learned trial Court but the request of the plaintiffs -petitioners has been rejected. Counsel further submits that on the one hand, in the agreement it is claimed that the relevant "Patta" was given to one Bichhu Ram and it is on stamp paper of Rs. 10/ -, on the other hand, now it is being denied that it is not available with them. Counsel submits that adverse inference has to be drawn by the learned trial Court against the defendants -respondents in not producing the "Patta" and in addition thereto, direction ought to have been given for producing the same.
(2.) I have considered the arguments advanced by counsel for the plaintiffs -petitioners. I am of the view that whether adverse inference ought to be drawn against the defendants -respondents for such non -production is a matter to be dealt by the Court at the appropriate stage in accordance with law. Nevertheless, in my view, the petitioner can always obtain a certified copy of such "Patta" from the concerned Gram Panchayat, from which the said "Patta" has been issued, since it is a public document. There is no impediment on the petitioner for adopting such a course and such being the position there is no necessity for directing the respondents to produce the "Patta". The petitioner has equally efficacious remedy of obtaining a certified copy of the same from the Panchayat and placing the same before the Court. With these observations/directions, the writ petition stands disposed of. The stay application also stands disposed of.;