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2010 DIGILAW 1069 (RAJ)

Vidya Devi v. Janki Devi

2010-05-21

MEENA V.GOMBER, NARENDRA KUMAR JAIN

body2010
JUDGMENT 1. - Heard learned counsel for the parties. 2. This special appeal is directed against impugned order dated 10.03.2010 passed by the learned Single Judge whereby writ petition filed by the appellant against order dated 05.02.2010 passed by Additional Civil Judge(Junior Division) and Judicial Magistrate, First Class(West), Jaipur city, Jaipur, has been dismissed. 3. Plaintiff-respondent filed a suit for eviction against defendant-appellant in the trial court on the ground of personal bonafide necessity and for default of making payment of rent. During the pendency of the suit, the appellant moved an application under Order 8, Rule 1A (3) of Civil Procedure Code for taking on record the documents enclosed with the application. 4. The application was contested and the learned trial court after considering the submissions of parties rejected the application vide order dated 05.02.2010. Order dated 05.02.2010 was challenged by the appellant by means of writ petition before this Court. Learned Single Judge vide order dated 10.03.2010 dismissed the writ petition. Said order, passed by the learned Single Judge, is under challenge in this special appeal. 5. We have considered the submissions of learned counsel for both the parties. 6. Learned Single Judge, apart from merits of the case, has also observed that there was no jurisdictional error in the order passed by the trial court. In our view also, there is no illegality or Jurisdictional error in the order passed by the trial court. Therefore, we do not find any merit in this special appeal and the same is, accordingly, dismissed in limini.Special appeal dismissed. *******