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2007 Supreme(Raj) 1874

MOHAMMAD RAFIQ
Padam Kumar Jain – Appellant
Versus
Gyan Chand Jain – Respondent


Advocates:
For the Petitioners:Shri Sudesh Bansal, Advocate.
For the Respondents:Shri A.K. Bajpai, Advocate.

JUDGMENT

1. - The petitioner no.1 who is defendant in the civil suit out of which the present proceeding arise has challenged the order dated 21.1.2006 whereby his application filed under Order 8 Rule 1(3) CPC for placing certain documents on record was dismissed. The petitioner filed that application on 9.11.2005 and in response to the application of the plaintiff respondent filed on 16.2.2005 under Order 7 Rule 142 CPC with which he placed on record the written tehreer of `pagri' tied over his head when according to him he was adopted as son by deceased Gopi Chand which was signed by his relations and members of the community on 9.9.91 and photographs of that occasion. The defendant wanted to rebut those documents and therefore filed the aforesaid application under Order 8 Rule 1(3) CPC to place on record the written tehreer of pagri tied over his head on account of the fact that the deceased Gopi Chand had bequeathed all his properties by a will to him and photographs of that occasion. The learned trial court dismissed the application.Hence this writ petition.

2. Shri Sudesh Bansal, the learned counsel for the petitioner argued that the learned trial court was not justified in do







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