- (1.) THE petitioners-defendants have laid the present petition for assailing the impugned order dated 17th April, 2013 (Annex.14) passed by the learned Civil Judge (Jr. Div.) (West) Bhilwara, whereby the learned Judge has dismissed the application of the petitioners under section 151 CPC.
(2.) BY the said application under Section 151 CPC, the petitioners have made endeavour to persuade the learned court below to permit the petitioners to mark exhibit on the certified copy of the decision in criminal case which was taken on record by the learned trial Court by its order dated 20th April, 2012. The petitioners have, inter alia, averred in the application that due to bona fide error and oversight, certified copy of the judgment of the criminal court has not exhibited although the same was on record, and therefore, the petitioners may be permitted to put/mark exhibit on the said document so that the same may be read in evidence. The application submitted on behalf of the petitioners was contested by the respondent-plaintiff and a written reply to the said application was submitted. In the reply, the respondent-plaintiff has opposed the prayer of the petitioners/defendants.
(3.) LEARNED trial Court after hearing the rival parties, vide its order dated 17th April, 2013 rejected the prayer of the petitioners. I have heard the learned counsel for the parties and perused the impugned order.;