Research › Search › Judgment

Rajasthan High Court · body

2025 DIGILAW 986 (RAJ)

Sunita Dhudhariya W/o Shri Indranarayan Dhudhariya v. Nehru Grah Nirman Sahkari Samiti Limited

2025-04-01

NARENDRA SINGH DHADDHA

body2025
ORDER : 1. The instant civil writ petition has been filed by the petitioners-plaintiffs (for short ‘the plaintiffs’) against the order dated 28.02.2025 passed by the Additional Civil Judge & Judicial Magistrate No.2, Jaipur Metropolitan-II (for short ‘the trial court’), whereby the trial court dismissed the application filed by the plaintiffs under Order 13 Rule 9 read with Section 151 CPC. 2. Learned counsel for the plaintiffs submits that the plaintiffs filed a suit for permanent injunction against the respondents-defendants (for short ‘the defendants’) in which plaintiffs filed an application under Order 13 Rule 9 read with Section 151 CPC for returning the original allotment letter, original site-plan and original receipt after retaining certified copies of the same on record. 3. Learned counsel for the plaintiffs further submits that the plaintiffs wanted to submit these documents before J.D.A for acquiring the patta but trial court vide order dated 28.02.2025 wrongly dismissed the application filed by the plaintiffs. 4. Learned counsel for the plaintiffs further submits that the said documents were exhibited during evidence of the plaintiffs. The original documents were necessary for procuring the patta. They will also submit the patta after procurement. So, the petition filed by the plaintiffs be allowed and the order dated 28.02.2025 passed by the trial court be set-aside. 5. I have considered the arguments advanced by learned counsel for the plaintiffs and perused the impugned order dated 28.02.2025. 6. It is an admitted position that the plaintiffs sought these original documents for procuring the patta from J.D.A. These documents were exhibited during evidence of the plaintiffs and plaintiffs had also submitted the certified copies of those documents. So, in my considered opinion, the trial court had committed error in dismissing the application under Order 13 Rule 9 read with Section 151 CPC filed by the plaintiffs. So, the present petition filed by the plaintiffs deserves to be allowed. 7. The petition filed by the plaintiffs is allowed and order dated 28.02.2025 passed by the trial court is set-aside. The trial court is directed to return the original documents of the plaintiffs after retaining certified copies of the same on record. 8. Pending application(s), if any, stand, disposed of.