Narendra Kumar Jain, J. - (1.) HEARD learned Counsel for the parties.
(2.) THIS writ petition, on behalf of the plaintiff -petitioner, is directed against the impugned order dated 19th November, 2003, passed by the trial court whereby two applications dated 26th July, 2002 and 13th August, 2002 under Order 7 Rule 14 CPC, have been dismissed. The plaintiff -petitioner filed a suit for possession, mesne -profit and permanent injunction against the defendant -respondents in the year 1994 and when the case was going on for plaintiff's evidence, the plaintiff - petitioner filed the aforesaid two applications, which have been dismissed on the ground that the documents produced do not appear to be genuine one and no explanation has been given for the delay in filing the same. The learned Counsel for the petitioner contended that the trial court committed an illegality in rejecting their applications on the aforesaid grounds. He contended that so far as veracity or genuineness of the documents is concerned, the same will be examined by the trial court at the time of final disposal of the case and; so far as delay in producing the documents is concerned, the same cannot the sole ground for rejecting the applications and the delay of proceedings could have been compensated by awarding a reasonable amount of costs and, according to him, the reasonable amount of costs would have been Rs. 5,000/ (Rupees five thousand).
(3.) THE learned Counsel for the respondents defended the impugned order and prayed for dismissal of the writ petition.;