ALOK SHARMA,J. - (1.) The petitioners-Plaintiffs (hereinafter 'the plaintiffs') are aggrieved of the order dated 16-12-2016 passed by Civil Judge and Judicial Magistrate No.1 Alwar dismissing their application under Order 7 Rules 14 (3) CPC.
(2.) Heard counsel for the parties and perused the impugned order dated 16-12-2016 whereby plaintiff's application under Order 7 Rule 14(3) CPC has been dismissed by the trial court holding that the report of Halka Patwari dated 29-10-2014, which was sought to be taken on record of the court, had been prepaed behind the back of the defendants and in any event on the issue of possession of the suit property it was for the plaintiff to prove his case on the basis of substantive evidence. The trial court held that aside of doubtful nature of the report of the Halka Patwari, for reason of it not being verified/ endorsed by competent authority, it was not relevant for adjudication of the issues framed. So holding the trial court dismissed the plaintiff's application under Order 7 Rule 14(3) CPC.
(3.) Order 7 Rule 14 provides that where a plaintiff sues upon a document or relies upon a document in his possession or power in support of his claim, he shall enter such documents in a list, and shall produce it in court when the plaint is presented by him and shall at the same time deliver the document and a copy thereof, to be filed with the plaint. Order 7 Rule 14(3) CPC further provides that a document which ought to be produced in court by the plaintiff when the plaint is presented, or to be entered in the list to be added or annexed to the plaint but is not produced or entered accordingly, shall not, without the leave of the court, be received in evidence on his behalf at the hearing of the suit.;