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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
NUPUR BHATI
Subhash Chandra Bapna S/o Late Shri Sajjan Singh Bapna – Appellant
Versus
Legal Heirs of Rajendra – Respondent
ORDER :
1. The instant writ petition has been filed challenging the order dated 28.11.2024 (Annex.13) passed by the learned Additional District Judge, Jaisalmer (‘Trial Court’) seeking following reliefs:
“It is, therefore, humbly and respectfully prayed that-
(a) by an appropriate writ, order or direction, this petition may kindly be allowed with costs and the impugned order dated 28.11.2024 (Annexure-13) passedby the learned Court of learned Additional District Judge, Jaisalmer may kindly be set aside and the applications dated 17.9.2024 and 1.10.2024 under Order 7 Rule 14 of Civil Procedure Code for taking on record the documents so submitted with these applications by way of Form No.3 and the application dated 7.11.2024 under Order 7 Rule 14 of Civil Procedure Code of the plaintiffs-petitioners to take on record the copies of documents annexed with the said application by way of Form No.3 was allowed only partially vide order dated 28.11.2024 may kindly be rejected and set aside.
(b) Any other appropriate order or direction which this Hon’ble Court deem just and proper be passed in favour of the petitioners.
(c) Cost of this writ petition may kindly be allowed to the petitioners.”
2.
Documents not mentioned in the plaint cannot be introduced later without court permission, emphasizing the necessity of timely submission under Order VII Rule 14 CPC.
The court established that procedural delays should not prevent the introduction of relevant evidence, prioritizing substantial justice.
Defendants' failure to show due diligence and timely filing of documents justifies dismissal of their applications under the Code of Civil Procedure and no grounds were shown for High Court intervent....
The court established that a defendant must produce relevant documents at the time of the written statement and provide valid reasons for any subsequent applications to introduce documents; failure t....
While exercising jurisdiction under Article 227 of the Constitution of India, the Court is not sitting as an appellate court over the orders passed by the subordinate courts.
Judicial officers should not be impleaded in writ petitions, and applications under Order XI must be timely and relevant to the case.
The appellate court may only admit additional evidence under specific conditions, which were not met by the petitioners, as they failed to demonstrate due diligence in producing the evidence during t....
Timely submission of documents and the requirement for sufficient cause to be shown for their delayed filing are crucial principles in civil procedure.
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