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2019 Supreme(Raj) 2699

ASHOK KUMAR GAUR
Habib – Appellant
Versus
Gulab Nabi – Respondent


Advocates Appeared:
Daya Ram Choudhary, Adv., Arvind Samdariya, Adv.

JUDGMENT

Ashok Kumar Gaur, J. - The present writ petition has been filed by the petitionerplaintiff whereby the Court below has rejected the application filed by the petitioner under Order VII Rule 14(3) of the Code of Civil Procedure (CPC). The petitioner-plaintiff had filed an application wherein it was mentioned that in a suit for permanent injunction, the relevant documents two photographs of the property house were filed. It was further averred in the application that there was one Compact Disk (CD) which was also prepared but the same could not be produced along with the suit. It was prayed by the petitioner that in the interest of justice, the CD of the photographs dated 13.08.2009 may be taken on record.

2. The Court below found that the petitioner had filed successive applications under zCPC and he had also not explained the delay for taking CD on record as the suit was pending since 2009.

3. The learned counsel Mr. Daya Ram Choudhary appearing for the petitioner-plaintiff submitted that the impugned order dated 18.01.2018 (Annex.5) has wrongly been passed and the Court below ought to have considered that the CD concerned was in respect of the property in dispute house and it

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