The main legal point established in the judgment is the admissibility of documents obtained under the Right to Information Act and the court's authority to allow their placement on record for further proceedings.

JUDGMENT :

Ajay Mohan Goel, Judge:

By way of this petition, the petitioner has assailed order dated 07.09.2018, passed by the Court of learned Civil Judge, Court No. 3, Shimla in Civil Suit No. 371-1 of 18/8, vide which, an application filed by her, who is the plaintiff before the learned Trial Court under Order 7 Rule 14 read with Section 151 of the Code of Civil Procedure for placing on record certain documents and proving the same by leading additional evidence, has been dismissed.

2. Brief facts necessary for the adjudication of present petition are as under: Petitioner/plaintiff (hereinafter referred to as =the plaintiff') has filed a suit for declaration that she has inherited the estate of Smt. Durga Devi @ Durgi Devi and defendants have no right, title or interest in the estate of Smt. Durga Devi and for permanent prohibitory injunction for restraining the respondents/defendants (hereinafter referred to as =the defendants') or any other person claiming through or under the defendants any right, title or interest over the estate of Durga Devi and from interfering with or managing the estate of Durga Devi.

3. In these proceedings, plaintiff filed an application under Order 7 Rule 14 read with Section 151 of the Code of Civil Procedure for placing on record certain documents and for proving them by leading additional evidence. As per the plaintiff, though she had examined 15 witnesses, however, one witness cited from the office of Medical Superintendent IGMC, Shimla had intentionally not brought the summoned record and made false statement that the record summoned by the plaintiff was not maintained in the hospital. As per plaintiff, in this regard, she filed an application under Right to Information Act and sought information from PIO of IGMC, Shimla. Her application was initially rejected on 06.07.2015 by the PIO. Appeal filed by her against the said order was also rejected on 08.09.2015. Feeling aggrieved, she preferred a second appeal before the State Information Commissioner, which was allowed on 09.03.2016 and information sought by her was supplied to her (plaintiff) on 06.04.2016. After receipt of the said information, she filed the application intending to place the said documents on record with a prayer for permission to prove the same in accordance with law. The details of the documents are spelled out in para-6 of the application, which are as under:

?a. Photostat copy of the application filed by the applicant under R.T.I. Act.

b. Photostat copy of the order dated 06.07.2015 passed by PIO, IGMC, Shimla, H.P.

c. Photostat copy of the Appeal filed by applicant before Principal-cum- Appellate Authority, IGMC, Shimla, H.P.

d. Photostat copy of the order dated 08.09.2015, passed by Principal-cum- Appellate Authority, IGMC, Shimla, H.P.

e. Photostat copy of the Second Appeal filed by applicant before Ld. State Information Commissioner, Shimla, H.P.

f. Certified copies of the information pertaining to Smt. Durga Devi supplied by PIO (20 pages). And order dated 09.03.2016 passed in Appeal No. 0400/2015-16.?

4. As per the plaintiff, the documents supplied by the PIO, IGMC, Shimla were relevant to decide the controversy and the same were necessary to prove her case. It was also mentioned in the application that as the documents were supplied to the plaintiff under the Right to Information Act, there was no chance of the same being manufactured or otherwise.

5. The application was resisted by the non-applicants, inter alia, on the ground that the same was filed at a highly belated stage with malafide intent. Filing of the application was an afterthought and the same was based on record which appeared to have been fabricated in order to create false evidence. As per respondent, plaintiff had summoned witnesses from IGMC, Shimla alongwith record of admission and death of Smt. Durga Devi. The witness in issue Shri Madan Singh Chauhan, Senior Assistant from IGMC, Shimla was examined as PW-15 on 20.02.2015 and had categorically stated in