- (1.) In response to the public notice issued by this Court inviting litigants to come and argue their case, as the learned members of the Bar are on strike, Mr. Surendra Agarwal, the petitioner No.1/3, and Mr. Ashok Kumar, son of the respondent No.2 have appeared before this Court.
(2.) The petitioners have challenged the order dated 11.10.2012, passed by the Civil Judge (Jr. Division) West, Jaipur Metropolitan, Jaipur, whereby the learned Magistrate had rejected an application filed under Order 7 Rule 14(3) CPC submitted by the petitioner for taking a document on record. The petitioners have also challenged the order dated 7.5.2013 passed by the learned Magistrate, whereby he has dismissed a review application filed by the petitioners.
(3.) Briefly, the facts of the case are that the petitioners had filed a suit for permanent injunction against the respondent-defendant. According to the petitioner, there is a common staircase located between shop No.B-9 and B-10. The petitioners do not have access to upper storey of the building except by using the common staircase. Although, they were using the said staircase in order to reach the upper storey, suddenly on 7.11.2004, the respondent-defendant prevented them from using the said staircase. Therefore, the suit for permanent injunction. Mr. Surendra Agarwal, has pleaded that prior to the temporary injunction application, the petitioners had submitted a document dated 27.7.2007, which deals with Shop No. B-9 which is owned by the petitioners. The said document was relied upon by the learned trial court while deciding the application for temporary injunction. However, subsequently, when the petitioners tried to bring the said document on record by filing an application under Order 7, Rule 14(3) CPC, by order dated 11.10.2012, the said application was dismissed. Thereafter, the petitioners had also filed a review application for reviewing the order dated 11.10.2012. However, by order dated 7.5.2013, the review application has also been dismissed. Hence, this petition before this Court.;