AVINASH SHRIMALI AND ORS. Vs. YASHODA DEVI AND ORS.
LAWS(RAJ)-2015-7-225
HIGH COURT OF RAJASTHAN
Decided on July 15,2015

Avinash Shrimali And Ors. Appellant
VERSUS
Yashoda Devi And Ors. Respondents

JUDGEMENT

Arun Bhansali, J. - (1.) This writ petition has been filed by the petitioners aggrieved against order dated 06.05.2015 passed by the trial court, whereby application filed by the petitioners under Order XI, Rule 12 & 14 CPC has been rejected. The plaintiff filed a suit for eviction, arrears of rent and mesne profit and in Para 2 of the plaint, it was claimed that the last paid rent was Rs. 1500/ -. The said aspect was disputed by the petitioner -defendant. Evidence was led by the plaintiff and when the turn of the petitioner -defendant came to lead evidence, an application was filed seeking production of receipts for payment at the rate of Rs. 1500/ -.
(2.) The application was opposed by the plaintiff orally and it was indicated that the receipts, if any, were with the defendants and the plaintiff does not have any receipt.
(3.) The trial court after hearing the parties came to the conclusion that the case has been set up by the plaintiff and in case the documents are not produced, the defendants cannot force the plaintiff to produce the documents.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.