SHYAM SINGH Vs. CIVIL (J.D.), HANUMANGARH AND ORS.
LAWS(RAJ)-2014-10-116
HIGH COURT OF RAJASTHAN
Decided on October 13,2014

SHYAM SINGH Appellant
VERSUS
Civil (J.D.), Hanumangarh And Ors. Respondents

JUDGEMENT

Sangeet Lodha, J. - (1.) THIS writ petition is directed against order dt. 20.5.14, passed by the learned Civil Judge (J.D.), Hanumangarh in civil suit No. 181/12, whereby an application preferred by the petitioner -plaintiff under Order VII Rule 14 to produce a document on record, has been rejected. The relevant facts in nutshell are that the petitioner -plaintiff filed a suit for declaration against the respondent in relation to a registered gift deed dt. 5.11.09 executed by the respondent No. 3 in favour of the respondent No. 2, who is grand son of respondent No. 3 and son of respondent No. 4, to be illegal and void qua his rights. The petitioner -plaintiff also sought perpetual injunction against the respondent No. 2 to the effect that on the basis of the entries of the land in question made in record of rights in his name on the basis of the gift deed 5.11.09 may not be transferred or alienated. The petitioner claimed the disputed property to be ancestral property in the hands of Bhagirath, the respondent No. 3 herein and accordingly, contended that the same could not have been gifted by Bhagirath in favour of Bhupendra Singh, the respondent No. 2 herein.
(2.) ON the basis of the pleadings of the parties, the trial Court framed the issues and the matter is posted for plaintiff evidence. At this stage, the petitioner preferred an application under Order VII Rule 14 for taking a document i.e. a photo stat copy of partition deed on record claiming that the original of the said document is in possession of the respondent No. 2 & 3.
(3.) AFTER due consideration, the application has been rejected by the Court below by the order impugned. Hence, this petition.;


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