KISHNA S/O GOKUL BY CASTE JAT Vs. KISHNA S/O KALU
LAWS(RAJ)-2017-2-7
HIGH COURT OF RAJASTHAN (AT: JODHPUR)
Decided on February 03,2017

Kishna S/O Gokul By Caste Jat Appellant
VERSUS
Kishna S/O Kalu Respondents

JUDGEMENT

- (1.) The petitioner has preferred this writ petition challenging the order dated 21.03.2016, vide which the applications filed by the plaintiff under Order 7 Rule 14 CPC have been allowed and the documents have been permitted to be taken on record, subject to payment of cost, with the further liberty to the defendant to produce the documents in rebuttal.
(2.) It is contended by counsel for the petitioner that the suit was filed on 08.04.2010 and the written statement was filed in October, 2010, and thereafter, the issues were framed, and the matter was fixed for evidence. The applications were highly belated and no reason for filing the documents with delay was mentioned in the applications. The documents were available prior to filing of the suit, and therefore, there was no justification for the court below for allowing the applications.
(3.) In support of his contentions, counsel for the petitioner has placed reliance on Satya Narayan Vs. Smt.Ghisee Devi & Ors., 2013(4) DNJ (Raj.) 1499.;


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