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2012 Supreme(Raj) 2070

GOPAL KRISHAN VYAS
Abdul Hammed – Appellant
Versus
Municipal Board – Respondent


Advocates:
For the Petitioner:Ravi Bhansali, Advocate.
For the Respondents:Bheem Arora, Advocate.

JUDGMENT

1. - The instant writ petition has been filed under Article 227 of the Constitution, challenging the validity of the order dated 21.05.2009 (Annex.6) passed by Civil Judge (JD), Nagaur whereby the application filed by the plaintiff petitioner under Order 7 Rule 14 (3) read with Section 151 CPC was rejected.

2. Learned counsel for the petitioner submits that order impugned is illegal because the photostat copies submitted by the petitioner along with the application are very much relevant to decide the controversy involved in the case. It is also pointed out that those documents were not produced during trial because earlier counsel of petitioner Mr. Ram Kishore did not file those documents in the Court and later on when this fact came to the knowledge of the plaintiff petitioner then an application was filed under Order 7 Rule 14 (3) CPC for taking those documents on record but trial Court rejected the said application without considering the question of relevancy of those documents, therefore, order impugned deserves to be quashed.

3. Per contra, learned counsel appearing on behalf of the respondents vehemently argued that bare perusal of the order impugned will reveal that




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