- (1.) PRESENT petition has been preferred under Article 227 of the Constitution of India against an order passed by Sub -Judge -IV, Ranchi in Title Suit No. 167 of 2005, dated 18th of January, 2008 below an application preferred by the present petitioner (original plaintiff) under Order -7, Rule -14 of the Code of Civil Procedure whereby an application preferred by the present petitioner (original plaintiff) for presenting a document/documents has been dismissed, against this order the present petition has been preferred.
(2.) HAVING heard learned counsel for both the sides and looking to the facts and circumstances of the case, I hereby, quash and set aside order passed by Sub -Judge -IV, Ranchi, dated 18th of January, 2008 in Title Suit No. 167 of 2005 passed below an application preferred by the present petitioner under Order -7, Rule -14 of the C.P.C. mainly for the following facts and reasons: - (i) It appears from the facts of the case that present petitioner is an original plaintiff who has instituted a Title Suit No. 167 of 2005 for specific performance on the basis of an Agreement to Sale entered into between the plaintiff and the defendant dated 19th of February, 2004. (ii) It appears from the Agreement to Sale, dated 19th of February, 2004 (Annexure -1 to the memo of petition) that present petitioner alleges that he had given amount of Rs. 2 lacs of the waive cheque bearing No. 7415769 (initially, this cheque could not be encashed, as time lapses, given on the cheque) replaced by another cheque bearing No. 254091 dated 12th of June, 2005 for Rs. 2 lacs was given by the present petitioner (original plaintiff) to the defendant and it was agreed that the defendant was to enter into the sale -deed of the suit property on the basis of Agreement to Sale. A Title Suit No. 167 of 2005 for specific performance was instituted by the present petitioner. (iii) It appears that the defendant has denied the acceptance of the aforesaid amount and cheque bearing No. 254091 dated 11th of June, 2005 and, therefore, present petitioner (original plaintiff) had no option, but, to put on record the Pass -Book and the Statement of Bank Account signed by the concerned Bank Manager so that original plaintiff can prove the fact that the amount of Rs. 2 lacs was paid to the original defendant by the aforesaid cheque. The denial of the defendant has compelled the present petitioner (original plaintiff) to present aforesaid documents by preferring an application under Order -7, Rule -14 of C.P.C. dated 16th of May, 2007. (iv) The reasons given in the said application under Order -7, Rule -14 of C.P.C. (which is at Annexure -5) reveal that at the time of filing of the suit the original Pass Book and other documents were with the wife of the original plaintiff and she was not available at the town, Ranchi and, therefore, the same were not presented before the trial Court and looking to the denial filed by the original defendants, these documents were presented with an application under Order -7, Rule -14 of C.P.C. No new case has been pleaded by the present petitioner (original plaintiff). The very same cheque has been referred in the Agreement to Sale alongwith date and the amount and by presenting these documents, no prejudice is going to cause to the original defendants. Definitely by presenting these documents, it will facilitate the trial Court in arriving at the correct decision upon the dispute between the parties. These documents are necessary and they affect, the very root of the case. They are necessary for doing justice to the parties to the suit. This aspect of the matter has not been properly appreciated by the trial Court. As a cumulative effect of aforesaid reasons, I hereby, quash and set aside the order passed by Sub -Judge -IV, Ranchi, dated 18th of January, 2008 in Title Suit No. 167 of 2005 below an application preferred by the present petitioner under Order -7, Rule -14 of C.P.C. I hereby, allow an application preferred by petitioner dtd. 16.5.2007 (Annexure -3) and production of documents referred therein is allowed.
(3.) THIS writ petition is allowed to the aforesaid extent with no order as to costs.;