RAJASTHAN HIGH COURT
Bhagwati Prasad, J.
Ram Chandra - Appellant
Versus
Kailash Singh - Respondent
S.B. Civil Revision Petition No. 1183/97.
Decided On : 6-08-1998
Order 13 Rule 2 CPC - Revision Petitions - The trial Court's order allowing the application for taking a document on record was set aside as no sufficient reason was shown. The matter was remanded back to the trial Court for fresh decision in accordance with the provisions of Order 13 Rule 2, CPC.
Fact of the Case:
The trial Court found that the defendants had not shown any good cause for taking the document on record under Order 13 Rule 2 CPC.
Finding of the Court:
The trial Court's order allowing the application was set aside and the matter was remanded back to the trial Court for fresh decision.
Issues: The main issue was whether the trial Court erred in allowing the application for taking the document on record without sufficient reason being shown.
Ratio Decidendi: The court emphasized that the application may only be allowed if it is in terms of the provisions of Order 13 Rule 2, CPC.
Final Decision: The impugned order was set aside and the matter was remanded back to the trial Court for deciding the application afresh.
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