Govind Mathur, J.-This petition for writ is directed against the order dated 01.04.2005 passed by learned Civil Judge (JD), Udaipur City (South) rejecting the application preferred by the plaintiffs under Sections 65 and 66 of the Indian Evidence Act, 1872 (hereinafter referred to as “the Act of 1872”).

2. The factual position required to be noticed is that the plaintiff-petitioner and the proforma respondent (respondents No. 5 and 6) filed a suit for permanent injunction, so as to restrain the defendant-respondents from obstructing the right of the way said to be enjoyed, by a period of more than 50 years. The plaintiff averred in the plaint that to obviate any further dispute between the parties to the suit, including their predecessors, entered into a written agreement on 27.02.1979.

3. The defendants in written statement denied the right of way as claimed by the plaintiff and also denied about writing of agreement dated 27.02.1979. The defendants alleged that the writing dated 27.02.1979 as forged and fabricated document.

4. As the existence of the writing dated 27.02.1979 was denied and the same was not produced by the defendants, the plaintiffs moved an application u