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2014 Supreme(Raj) 1129

SANGEET LODHA
Baksha Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioners:M.C. Bhoot, Senior Advocate assisted by Arpit Blioot, Advocate.
For the Respondent: O.P. Boob, Government Counsel.

JUDGMENT

1. - This petition is directed against order dated 11.4.12 of the Civil Judge (Senior Division), Ratangarh in Civil Original Case No.5/09, whereby an application preferred by the petitioner under Order 7, Rule 14 (3) of Civil Procedure Code, 1908 ('CPC') stands rejected.

2. The petitioners filed a suit for declaration and permanent injunction regarding a "Katani Rasta" from Daudsar to Dheerasar in Tehsil-Ratangar District- Churu, with the leave of the Court in terms of provisions of Section 91(1)(b) of CPC. The petitioner produced certain documents before the Court. The respondents raised an objection in terms that the document sought to be produced could be taken on record only by way of an application under Order 7, Rule 14 (3) of CPC. The objection was sustained by the trial Court and accordingly, vide order dated 21.4.10, the documents were refused to be taken on record. In these circumstances, the petitioner preferred an application under Order 7, Rule 14 (3), seeking leave of the Court to produce the documents. The application was contested by the respondents by filing a reply thereto. After due consideration, the application stands rejected by the trial Court by the









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