DINESH CHANDRA SOMANI,J. - (1.) These writ petitions have been filed under Article 227 of the Constitution of India with prayer to quash and set aside the order dated 29.9.2016 and 22.9.2016 assailed in WP No. 14881/2016 and 14882/2016 respectively, passed by learned Civil Judge, Kanwas, District Kota in Civil Suit No. 10/2005 Shrawan Kumar v. Tej Karan and Ors. and to pass appropriate orders as may be deemed just and proper. As both the writ petitions arose from the different orders passed in the same civil suit, both the petitions were heard together and are being decided by this common order. A copy of the order be kept on the record of SBCWP No. 14882/2016.
(2.) Skeletal material facts necessary for disposal of these writ petitions ate that the plaintiff-petitioner filed a civil suit for declaration of he being an adopted son and for permanent injunction with averment that the defendant Nos. 1 and 2 are real brothers and the plaintiff is real son of defendant No. 2. It was submitted that on the basis of submissions made in the plaint, the plaintiff is entitled to be declared as adopted son of Late Shri Suraj Mai. After filing the plaint, written statement was filed by the defendants.
(3.) After completion of plaintiffs evidence, defendant Tej Karan filed an application under Order 8, Rule 8A of C.P.C. on 17.12.2015 with submission that certain documents which are necessary and relevant, are to be taken on record, which includes copies of written statements, judgment and an affidavit. It was also stated that the documents are public documents and affidavit of 4.6.1999 is old and there is no suspicion of it being forged or fabricated. The plaintiff petitioner opposed the application by filing reply thereto, and prayed to dismiss the application.;