Documents submitted as evidence must be original or certified copies to be admissible in court, as per the provisions of the C.P.C.

ORDER

1. Instant writ petition has been preferred on behalf of the defendant-petitioner challenging the impugned order dated 15.02.2021 passed by the Court of Additional District & Sessions Judge, No.2, Jaipur Metropolitan-II, Jaipur, whereby the application under Order 7 Rule 14 (3) read with Section 151 of C.P.C. filed by the plaintiff-respondent, in Civil Suit No.33/2020 (137/2012), titling as M/s. United Township Corporation Vs. Ajay Bansal, had been allowed, subject to payment of cost of Rs.2000/-.

2. Facts of the case, in nut-shell, are that the plaintiff-respondent instituted a civil suit for declaration, possession, mandatory and permanent injunction against the defendant-petitioner. The plaintiff-respondent filed an application under Order 7 Rule 14 (3) read with Section 151 of C.P.C. on 23.01.2020 (Annexure-2), which was allowed by the Court below vide its impugned order dated 15.02.2021, subject to payment of cost of Rs.2000/-. Hence, this petition before this Court.

3. Learned counsel appearing for the defendant-petitioner has submitted that Annexure-8 - Minutes of the meeting of the Board of Directors of Chordia Buildcon Private Limited is neither original nor certified copy, hence, it could not be exhibited/marked without producing its original. Counsel has further submitted that the learned trial Court has imposed cost of Rs.2000/-, which is not sufficient looking to the delay.

4. Learned counsel appearing for the plaintiff-respondent has opposed the submissions made by learned counsel appearing for the defendant-petitioner and submitted that the amount of cost may not be enhanced.

5. Heard learned counsel appearing for the parties and perused the impugned order and the material made available on record.

6. It is an admitted fact that Annexure-8 - Minutes of the meeting of the Board of Directors of Chordia Buildcon Private Limited is neither original nor certified copy, hence, at the time of evidence, it could not be exhibited/marked without producing its original.

7. The learned trial Court has wrongly mentioned in the impugned order that Annexure-8 is certified copy, whereas admittedly, it is neither certified nor original, hence, at the time of evidence, it could not be exhibited/marked without producing its original.

8. In view of above, the impugned order is modified to the extent that Annexure-8 is taken on record, if the plaintiff-respondent produces its original at the time of evidence, subject to payment of cost of Rs. 10,000/- instead of Rs.2000/-, as imposed by the trial Court.

9. Consequently, instant petition is disposed of.

10. Pending applications, if any, also stand disposed of.