1. - This writ petition has been filed by the petitioner againstthe order dated 22.11.2012 passed by the learned Additional Civil Judge (Sr. Division)-cum-Additional Chief Judicial Magistrate, Rajsamand, whereby the learned trial court has rejected the application filed by the petitioner/plaintiff under Order 7 Rule 14 (3) CPC seeking to produce 'Patta' of one neighbourer, namely, Amra Gadri, which according to plaintiff was supplied to the petitioner by one Baluram Lohar, only on 30.08.2012 during the pendency of the present suit between the plaintiff, Narayan Lal and defendants, Mangi Lal and others.

2. Mr. Deelip Kawadia, learned counsel for the petitioner/plaintiff submitted that since the defendants had claimed that the 'Patta' issued in favour of Amra Gadri was issued later than the 'Patta' issued in favour of the defendant by the Gram Panchayat; whereas the said 'Patta' was granted at a prior point of time, therefore, the relevance of the 'Patta' of Amra Gadri, cannot be disputed and the version given by the defendant was falsified and at the stage of rebuttal evidence, the learned trial court ought to have allowed to produce the said 'Patta', however, the learned tr