Sangeet Lodha, J. - (1.) This writ petition is directed against order dated 11.7.11 passed by the Additional District Judge (F.T.) No. 2, Jodhpur in Civil Original Case No.30/10, rejecting an application preferred by the plaintiffs/petitioners under Order XVI Rule 5 read with Section 151 CPC.
(2.) The relevant facts are that the plaintiff-Manmohan Dayal Sharma, now represented by his legal representatives the petitioner no. 1 & 2 herein, preferred a suit for possession, mesne profit and permanent injunction in respect of plot no.40 situated at Mandore Road, Jodhpur, alleged to have been gifted by its owner Nenu Ram s/o Chhoga Ram in favour of his daughter Anoop Kanwar, by way of a registered gift deed dated 18.3.44.
(3.) The suit is being contested by the respondents-defendants taking the stand that the gift deed alleged to have been executed by Nenu Ram in favour of Anoop Kanwar is a forged document, which does not bear signature of its executor. Since the original gift deed was not available, the plaintiffs obtained certified copy thereof from the Department of Registration and made an application under Section 65 of Evidence Act, 1872 (for short "the Act of 1872"), before the trial court seeking leave to produce the same as secondary evidence. The application was allowed by the trial court vide order dated 20.2.09 and accordingly, certified copy of the gift deed was admitted in evidence and permitted to mark exhibit thereon, with the clarification that the permission being granted as aforesaid shall not lead to the conclusion that the gift deed dated 18.3.44 stands proved in accordance with law and the question with regard to genuineness of the gift deed shall be decided on the basis of the evidence to be led by the parties.;