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2023 Supreme(Raj) 1947

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
INDERJEET SINGH, J.
Brajlal and Ors. - Petitioners
Versus
Babulal Morwal and Ors. – Respondents
S.B. Civil Writ Petition No. 1824 of 2023
Decided On : 17-02-2023

Advocates Appeared:
For the Petitioners: Mr. Neeraj Kumar Sharma.

Headnote:(A) Civil Procedure Code, 1908 - Order 7, Rule 14 - Writ petition challenging order allowing application for taking additional documents on record in a suit for eviction and injunction - Delay in submitting documents regarded as reasonable due to court closures from the pandemic - Petitioners retain opportunity to cross-examine witnesses and submit rebuttal documents. (Paras 2, 6)

(B) Court's discretion - The learned trial court's decision to allow the application was found to be within judicial discretion and no illegality was identified that warranted intervention by the High Court. (Paras 3, 6)

Facts of the case:
The plaintiffs filed a suit against the defendants for eviction and injunction, later submitting additional documents during plaintiffs' evidence stage, leading to the defendants challenging the order allowing this on grounds of delay and relevance.

Findings of Court:
The court held that the trial court acted judiciously and no illegality was present, supporting the opportunity for cross-examination.

Issues: The main questions were whether the trial court erred in allowing the late filing of documents and if the defendants should be permitted to cross-examine witnesses despite the delay.

Ratio Decidendi: The court reasoned that allowing the application did not constitute an illegality and that given pandemic-related delays, the petitioners were afforded fair opportunity during proceedings.

Result: Writ petition dismissed.

Table of Content
1. petitioners challenge trial court order. (Para 1 , 2)
2. arguments against delay and relevance of documents. (Para 3 , 4)
3. court finds no error in trial court's decision. (Para 5 , 6)
4. writ petition is dismissed. (Para 7)

ORDER :

(Inderjeet Singh, J.)

This writ petition has been filed by the petitioners-defendants challenging the order dated 12.01.2023 passed by the learned trial court whereby the application under Order 7, Rule 14 CPC filed on behalf of the respondents-plaintiffs was allowed.

2. Brief facts of the case are that the respondents-plaintiffs filed a suit for eviction, cancellation of patta and permanent injunction against the petitioners-defendants. During pendency of the suit proceedings when the matter was at the stage of plaintiffs' evidence, the respondents-plaintiffs filed an application under Order 7, Rule 14 CPC for taking the additional documents on record which was allowed by the learned trial court vide order dated 12.01.2023. Being aggrieved by the order dated 12.01.2023 the petitioners-defendants have approached this court by filing of the present writ petition.

3. Counsel for the petitioners-defendants submitted that the respondents-plaintiffs have submitted/produced the documents after a delay of more than four years. Counsel further submits that the said documents are not related to the dispute pending between the parties.

4. In support of the contention counsel relied upon the judgment passed by the Co-ordinate Bench of this court in the matter of Leeladhar v. Ramkishan & ors. passed in S.B. Civil Writ Petition No.9944/2019.

5. Heard counsel for the petitioners-defendants and perused the record.

6. This writ petition filed by the petitioners-defendants deserves to be dismissed for the reasons; firstly, the application was filed by the respondents-plaintiffs at the stage of plaintiffs' evidence, therefore, in my considered view, no illegality has been committed by the learned trial court in allowing the application under Order 7, Rule 14 CPC filed by the respondents-plaintiffs and the petitioners-defendants have opportunity to cross-examine the respondents-plaintiffs' witnesses at the time of cross-examination and the petitioner-defendants also have a right to submit any document in rebuttal before the learned trial court; secondly, so far as the delay of two years in submitting the documents in the year 2022 is concerned the court was not functioning regularly due to Covid- 19 Pandemic and lastly, in the facts and circumstances of the present case, no case is made out for interference by this court under Article 227 of the Constitution of India.

7. Hence, this writ petition is dismissed.

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