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2011 DIGILAW 2408 (RAJ)

Jagtar Singh v. Additional Civil Judge

2011-11-11

MAHESH BHAGWATI

body2011
JUDGMENT 1. - Challenge in this writ petition is to the order dated 6th April, 2011, whereby the learned Additional Civil Judge (Jr. Division), Roopwas declined to allow the petitioner-defendant to exhibit the copy of two judgments: one of Panchayat Samiti Roopwas dated 9th November, 1983 and another the judgment rendered by the Court of Munsiff, Roopwas on 25th April, 1994. 2. Learned counsel for the petitioners has made a very short submission that these two documents were already lying on record and they have been filed with the written statement of defence but during the evidence of DW-1 Arjun Singh, these two documents inadvertently could not be exhibited. He further canvassed that unless these documents are exhibited, they would not be admissible in evidence. 3. Learned counsel further submits that in the interest of justice, the petitioners-defendants should be allowed to exhibit these two documents and they will not produce any witness to prove them. Thus, neither the valuable time of the court shall be wasted nor it shall cause prejudice to the opposite party. 4. The prayer of the learned counsel for the petitioners-defendants seems to be genuine. Albeit the learned trial court is found to have dismissed the prayer on the ground that the petitioners defendants did not mention in the application as to how these two documents were necessary to be exhibited for the decision of the case nor any such argument was advanced by the learned counsel during the arguments on this application. 5. Learned counsel for the petitioners defendants submits that for the fault of the learned counsel appearing before the trial court, the petitioners-defendants should not be allowed to suffer. Hence, in the interest of justice, his short prayer may be allowed. 6. I find sufficient merit in the submissions made by the learned counsel for the petitioners. 7. Hence, in view of above, the writ petition is allowed and the impugned order dated 6th April, 2011 stands set-aside. Learned trial court is directed to allow the petitioners defendants to exhibit the afore-stated two documents in accordance with law. 8. Consequent upon the disposal of writ petition, stay application also stands disposed of.Petition Disposed of. *******