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2016 Supreme(Raj) 374

ARUN BHANSALI
Lala Ram – Appellant
Versus
Subhash Gehlot – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: K.S. Rathore

ORDER :

Arun Bhansali, J.

This writ petition has been filed by the petitioner aggrieved against the order dated 14.10.2015 passed by the trial court, whereby the application filed by the respondents purportedly under Order 7, Rule 14 CPC has been accepted.

2. The suit was fixed for defendant's evidence and on behalf of the defendant, an application under Section 151 CPC read with Order 7, Rule 14(3) CPC was filed seeking permission of the Court to produce original document for comparison.

3. The application was opposed by the plaintiff, inter alia, indicating that the application under Order 7, Rule 14(3) CPC was not maintainable; the documents does not fall within parameters of provisions of Order 13, Rule 5 CPC, the original documents can only be produced before the settlement of issues and, therefore, the application was liable to be dismissed.

4. The trial court, after hearing the parties, came to the conclusion that a photo-copy of the document was already filed 2 with the written statement and the application has been filed for producing the original for the purpose of comparison and the same is not going to affect the interest of the plaintiff and consequently allowed the applica















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