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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE NARENDRA SINGH DHADDHA, J
IMRAN KHAN ADOPTED SON OF HURRU – Appellant
Versus
MARIAM W/O HURRU – Respondent
CW / 18937 / 2024
Order :
1. This civil writ petition has been filed by the petitioner-plaintiff (for short ‘the plaintiff’) against the order dated 20.11.2024 passed by the Additional District Judge No. 4, Alwar in civil suit No. 238/61/2022, whereby the application filed by the plaintiff under Order 7 Rule 14(3) read with Section 151 CPC has been dismissed.
2. Learned counsel for the plaintiff submits that the plaintiff filed a civil suit against the respondents-defendants (for short ‘the defendants’) in which the plaintiff filed an application under Order 7 Rule 14(3) read with Section 151 CPC for taking the original adoption deed dated 19.05.2008 on record but the trial Court vide order dated 20.11.2024 dismissed the said application. Learned counsel for the plaintiff further submits that document in question is necessary to be taken on record for adjudication of the suit. So, the order dated 20.11.2024 passed by the trial Court be set aside and the original adoption deed dated 19.05.2008 filed by the plaintiff be taken on record.
3. Learned counsel for the defendants have opposed the arguments advanced by the learned counsel for the plaintiff and submitted that the trial Court vide order dated 20.11.2024 rightly dismissed the application filed by the plaintiff for taking the original adoption deed dated 19.05.2008 on record because the plaintiff did not show any bonafide cause for filing this document at the belated stage and the photocopy of the said document is already available on record. So, the present writ petition filed by the plaintiff be dismissed.
4. I have considered the arguments advanced by the learned counsel for the plaintiff as well as learned counsel for the defendants and perused the impugned order.
5. Taking into consideration the facts and circumstances of the case and more particularly in view of the fact that when the original adoption deed dated 19.05.2008 is already on record, I deem it just and proper to allow the petition filed by the plaintiff on cost of Rs. 10,000/-
6. Accordingly, the petition filed by the plaintiff is allowed. The order dated 20.11.2024 passed by the trial Court is set aside. The trial Court is directed to take the original adoption deed dated 19.05.2008 on record subject to payment of cost of Rs. 10,000/- by the plaintiff to the defendants on or before the next date of hearing, failing which the original adoption deed dated 19.05.2008 shall not be taken on record.
7. Pending application(s), if any, stands disposed of.
The court has discretion to allow late submission of documents if necessary for justice, despite prior availability of photocopies.
The court affirmed that a party cannot be compelled to produce documents not in their possession, clarifying the procedural requirements for document discovery under the Code of Civil Procedure.
The court affirmed that a party's prior knowledge of documents and repeated attempts to submit them can justify dismissal of applications aimed at delaying proceedings.
The court recognized the necessity to resolve the validity of the adoption deed despite earlier failures to present competent evidence, underscoring the importance of proving authenticity in property....
An adoption deed, once registered, is presumed valid under Section 16 of the Hindu Adoption and Maintenance Act unless disproved, and courts must provide reasons for any conclusions drawn against its....
The court has the discretion to allow or reject applications to amend pleadings and introduce additional documents under Order VII Rule 14(3) of the Code of Civil Procedure. However, this discretion ....
The principle of dominus litis allows the plaintiff to define the scope of the suit, and any alteration by the defendant through additional issues is not permissible.
The main legal point established in the judgment is that the court has the discretion to allow the necessary amendments in pleadings and can impose costs for frivolous litigation.
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