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2013 Supreme(Raj) 606

ALOK SHARMA
Kusum Babbar – Appellant
Versus
Addl. Distt. Judge (F. T. ) No. 1, Jaipur – Respondent


For the Petitioner:Mr. Sahilesh Prakash Sharma, Advocate.
For the Respondent:Mr. J.P. Goyal, Senior Advocate with Mr. Abhi Goyal, Advocates.

JUDGMENT

1. - This petition has been filed challenging the order dated 17-8- 2012 passed by Additional District Judge (Fast Track) No.1, Jaipur Metropolitan City, Jaipur (hereinafter 'the trial court'), whereby an application filed by the petitioner defendant (hereinafter 'the defendant') one under Order 8, Rule 1A Civil Procedure Code has been dismissed.

2. The facts of the case are that the respondent No.2-plaintiff (hereinafter 'the plaintiff') filed a suit for preemption in respect of a room on ground floor falling in plot No.169, Krishna Bhawan, Banasthali marg, Sansar Chandra Road Jaipur. On service of summons, written statement came to be filed. In terms of Order 8, Rule 1A Civil Procedure Code, it was a duty of the defendant to produce documents, upon which the defence along with written statement. On the pleadings of parties, issues came to be framed in the year 2005. The plaintiff thereafter led evidence and closed his evidence in the month of April, 2012, and the case was set up for defence evidence. At this stage, the defendant moved an application under Order 8, Rule 1A (3) Civil Procedure Code seeking to place on record certain photographs and DVD of disputed property








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