- (1.) The present writ petition has been filed by the petitioner-defendant under Article 226 and 227 of the Constitution of India challenging the order dated 17.12.13 passed by the Addl. District Judge No.6, Jaipur Metropolitan (hereinafter referred to as 'the trial court') in Civil Suit No. 67/10, whereby the trial court has dismissed the application of the petitioners seeking production of documents under Order VIII Rule 1-A(3) of CPC.
(2.) The respondent No.2-plaintiff, who happens to be the mother of the petitioner No.2 and mother-in-law of the petitioner NO.1 has filed the suit before the trial court seeking declaration that the sale-deed and power of attorney in question allegedly executed by the plaintiff in favour of the defendant No.2 is null and void and for the permanent injunction. The said suit has been resisted by the petitioners-defendants by filing their written statement. The trial court has framed the issues on the basis of the pleadings of the parties. It appears that during the course of the evidence being led by the respondent-plaintiff, the petitioners-defendants submitted an application for production of certain documents namely the copies of power of attorneys and the sale-deeds in respect of other properties, under Order VIII Rule 1-A(3) of CPC. The said application has been dismissed by the trial court vide the impugned order.
(3.) It has been sought to be submitted by the learned counsel for the petitioners that the documents in question are very relevant for the purpose of proving defence of the petitioners. According to him the said documents were not in possession of the petitioners and, therefore, could not be produced at the relevant time alongwith the written statement.;