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2014 Supreme(Raj) 1812

SANGEET LODHA
Shyam Singh – Appellant
Versus
Civil (J. D. ), Hanumangarh – Respondent


Advocates:
For the Petitioner:R.K. Singhal, Advocate.

JUDGMENT

1. - This writ petition is directed against order dated 20.5.14, passed by the learned Civil Judge(J.D.), Hanumangarh in civil suit No.181/12, whereby an application preferred by the petitioner-plaintiff under Order 7, Rule 14 to produce a document on record, has been rejected.

2. The relevant facts in nutshell are that the petitioner plaintiff filed a suit for declaration against the respondent in relation to a registered gift deed dated 5.11.09 executed by the respondent No. 3 in favour of the respondent No. 2, who is grand son of respondent No. 3 and son of respondent No. 4, to be illegal and void qua his rights. The petitioner-plaintiff also sought perpetual injunction against the respondent No. 2 to the effect that on the basis of the entries of the land in question made in record of rights in his name on the basis of the gift deed 5.11.09 may not be transferred or alienated. The petitioner claimed the disputed property to be ancestral property in the hands of Bhagirath, the respondent No. 3 herein and accordingly, contended that the same could not have been gifted by Bhagirath in favour of Bhupendra Singh, the respondent No. 2 herein.

3. On the basis of the pleadings o











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