High Court Of Rajasthan
Judgename : M.C.JAIN
GOPAL - Appellant
Versus
HIRA CHAND - Respondent
CIV. REVN. 403 Of 1992
Decided On : 08/17/1993
Certified Copies - Refusal to Take on Record - The court refused to take on record the certified copies of the application moved by the defendant-petitioner under S. 19a, Rajasthan Premises (Control of Rent and Eviction) Act, 1950, as they were not included in the list of reliance and the defendant failed to explain the inordinate delay in filing the copies.
Fact of the Case:
The defendant-petitioner filed a revision petition against the order of the learned Munsif, Bhilwara, which refused to take on record the certified copies of the application moved by the defendant-petitioner under S. 19a, Rajasthan Premises (Control of Rent and Eviction) Act, 1950.
Finding of the Court:
The court found that the defendant-petitioner failed to include the certified copies in the list of reliance and did not explain the inordinate delay in filing the copies, leading to the dismissal of the revision petition.
Issues: The issues revolved around the refusal to take on record the certified copies and the defendant's failure to comply with the requirements under Order VIII, Rule 2, C. P. C. and O. XIII, R. 2, C. P. C.
Ratio Decidendi: The defendant's failure to include the certified copies in the list of reliance and explain the inordinate delay in filing the copies led to the dismissal of the revision petition.
Final Decision: The revision petition was dismissed with no order as to costs.
M. C. JAIN, J.
( 1 ) :- This revision petition has been filed against the order of the learned Munsif, Bhilwara dated 23/05/1992 by which he refused to take on record the certified copies of the application moved by the defendant-petitioner under S. 19a, Rajasthan Premises (Control of Rent and Eviction) Act. 1950 (hereinafter to be called the Act), power (vakalatnama) and order passed thereon. .
( 2 ) IT has been contended by the learned counsel for the defendant-petitioner that the learned trial court acted illegally and with material irregularity in the exercise of its jurisdiction in passing the impugned order. He further contended that the trial court did not consider that the documents were certified copies taken from the public record and they were relevant for the correct decision of the issue No. 3 relating to the arrears of rent outstanding against him.
( 3 ) IN reply, it has been contended by the learned counsel for the plaintiff-non-petitioners that the defendant-petitioner has not averred in his written statement that he had deposited the rent under S. 19a of the Act or paid it to the plaintiffs in any manner. He further contended that his case is that he is not the tenant of the plaintiff-non-petitioners and these documents do not find mention in the list of reliance. He lastly contended that no explanation has been given for the inordinate delay in filing these documents.
( 4 ) THERE is no substance in the revision petition. Admittedly, the defendant-petitioner has, not averred in his written statement that he deposited rent under S. 19a of the Act or paid it to the plaintiffs in any other manner. His case is that he is not the tenant of the plaintiff-non-petitioners. It is also not in dispute that no list of reliance was filed by him mentioning these documents in it as required under Order VIII, Rule 2, C. P:c. The plaintiff and his witnesses were not confronted with these documents during their cross-examination, it cannot, therefore, be said that the defendant-petitioner relied upon these documents. within the meaning of Order XIII, Rule 1, C. P. C.
( 5 ) THE defendant-petitioner has utterly failed to explain the inordinate delay in filing the certified copies. Under O. XIII, R. 2, C. P. C. only these documents can be taken on record on which the party intends to rely upon them and has shown good cause for their non-production earlier.
(6 ) THERE is yet another aspect of the matter. Jurisdiction of this Court is very limited under S. 115, C. P. C. Reference of Hindustan Aeronautics Ltd. v. Ajit Prasada AIR 1973 SC 76 para 5, may be made here.
( 7 ) CONSEQUENTLY, the revision petition is dismissed. No order as to costs. Revision dismissed.
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