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2019 DIGILAW 2508 (RAJ)

Rajesh Kumar v. Ghewarchand

2019-09-17

DINESH MEHTA

body2019
JUDGMENT Dinesh Mehta, J. - The present writ petition is directed against the order dated 11.07.2019, passed by learned Additional District Judge, Sumerpur, District Pali (hereinafter referred to as the 'trial Court') whereby application dated 23.02.2018 under Order VII Rule 14 of the Code of Civil Procedure filed by the respondents No.1 to 6 has been allowed. 2. The facts relevant to the present case are that on 24.03.2017, the respondents No.1 to 6 - plaintiffs filed a suit for seeking eviction and recovery of arrears of rent. 3. The present petitioner - defendant filed a written statement and before issues could be framed, the plaintiffs filed an application dated 23.02.2018 and prayed leave to produce certain documents on record interalia stating that these were found subsequent to filing of the suit and are relevant for plaintiffs' cause. 4. The trial Court after considering the material available on record allowed the application, vide its order impugned dated 11.07.2019. 5. Mr. R. K. Thanvi, learned Senior Advocate challenging the order impugned contended that the trial Court ought not to have allowed the application under Order VII Rule 14 of the Code of Civil Procedure, inasmuch as the respondents have failed to show as to why these documents were not placed along with the plaint. 6. I have heard learned Senior Advocate and perused the material available on record. 7. Indisputably, the trial is at nascent stage and even the issues have not been framed so far. This being the position, the impugned order passed by the trial Court cannot be faulted with. 8. That apart, in a case, where the trial Court has allowed the application under Order VII Rule 14 of the Code, this Court would be loathe in upturning such order. 9. There is no error of jurisdiction or perversity, requiring exercise of jurisdiction under Article 227 of the Constitution of India, as held by Hon'ble the Supreme Court in Shalini Shyam Shetty & Ors. Vs. Rajendra Shankar Patil, (2010) 8 SCC 329 and Surya Dev Rai Vs. Ram Chander Rai & Ors., (2003) 6 SCC 675 . 10. The writ petition fails. 11. The stay application is also dismissed. 12. Needless to observe that the petitioner would also be entitled to place additional documents on record, of course, after filing appropriate application in accordance with law.