- (1.) The petitioner-defendant Nos.1 and 2 are aggrieved by the order dated 27.1.2014 passed by the Additional District Judge No.5, Ajmer, whereby the learned Judge has dismissed an application filed by the petitioner-defendant Nos.1 and 2 under Order 8 Rule 1-A(3) read with Section 151 CPC for taking certain documents on record.
(2.) The brief facts of the case are that the plaintiff, Narendra Parashar filed a civil suit for injunction against the petitioner-defendant Nos.1 and 2 pleading therein that he is a permanent resident of Pushkar town. He further claimed that his profession is Teerth Purohitai in which he has been engaged in for the last ten years. Since he is a Brahmin, since he earns his income from doing the work of carrying out ceremonies to be performed at the Pushkar Ghat, he does not have any other source of income to maintain his family. He further submitted that on 28.3.2010 when he along with certain pilgrims reached the Brahma Ghat, the appellant-defendant No. 2 and other persons, claiming to belonging to the trust, prevented him from carrying out the religious ceremonies. He further claimed that when he requested appellant-defendant No.2 to issue an identity card, they declined to do so. Since he is being prevented from carrying out and from pursuing his profession, he filed this civil suit for permanent injunction. The appellant filed the written-statement on 2.4.2011. Subsequently, the testimonies have been recorded and the trial has proceeded almost till the fag end. On 22.1.2014 the petitioners filed an application under Order 8 Rule 1-A(3) CPC wherein they requested that a Book which was given to them on 7.1.2014 contains the Farmans issued by the Mughal Emperers, namely Akbar and Jahangir, and since these Farmans are relevant for the controversy in issue, the Book should be taken on record. By order dated 27.1.2014, the learned Judge dismissed their application. Hence this petition before this Court.
(3.) Mr. Alok Chaturvedi, the learned counsel for the petitioners, has vehemently raised the following contentions before this Court : firstly, the profession of Purohitai is restricted to only certain families of Brahmins. Thus, Purohitai can be done only by those who belong to these families, and by none other. It is the case of the petitioner-defendants that the plaintiff does not belong to any of the families so recognized. Therefore, he is not entitled to perform the religious rites at the Brahma Ghat in Pushkar. Secondly, the Book contains certain Farmans issued by the Mughal Emperers which bestowed the right of Purohitai upon a limited number of Brahmin families. Therefore, this Book is relevant to show the fact that Purohitai is a hereditary profession, and cannot be carried out by anyone who does not belong to recognised family. Lastly, since the Book throws light on the controversy involved, it is a relevant document which ought to have been taken on record. Therefore, the impugned order deserves to be interfered with.;