HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ No. 12791/2018

1. Jagmal Ram S/o Late Shri Khanga Ram, Aged About 66 Years, By Caste Vishnoi, Village Mansagar, Tehsil Earlier Sub-Tehsil Tinwari And Now Bawadi, District Jodhpur (Raj.)

2. Babu Ram S/o Late Shri Khanga Ram, Aged About 55 Years, By Caste Vishnoi, Village Mansagar, Tehsil Earlier Sub-Tehsil Tinwari And Now Bawadi, District Jodhpur (Raj.)

3. Mohan Ram S/o Late Shri Budha Ram, Aged About 45 Years, By Caste Vishnoi, Village Mansagar, Tehsil Earlier Sub-Tehsil Tinwari And Now Bawadi, District Jodhpur (Raj.)

4. Papu Ram S/o Late Shri Budha Ram, Aged About 35 Years, By Caste Vishnoi, Village Mansagar, Tehsil Earlier Sub-Tehsil Tinwari And Now Bawadi, District Jodhpur (Raj.)

----Petitioners Versus

1. Bhura Ram S/o Late Shri Saroopram, By Caste Vishnoi, Village Dawara, Tehsil Earlier Sub-Tehsil Tinwari And Now Bawadi, District Jodhpur

2. Kesa Ram S/o Late Shri Saroopram, By Caste Vishnoi, Village Dawara, Tehsil Earlier Sub-Tehsil Tinwari And Now Bawadi, District Jodhpur

3. Poona Ram S/o Late Shri Saroopram,, By Caste Vishnoi, Dawara Tehsil Earlier Sub- Tehsil Tinwari And Now Bawadi, District Jodhpur.

4. Kalu Ram S/o Late Shri Saroopram,, By Caste Vishnoi, Dawara Tehsil Earlier Sub- Tehsil Tinwari And Now Bawadi, District Jodhpur.

5. Tulchi W/o Late Shri Saroopram,, By Caste Vishnoi, Dawara Tehsil Earlier Sub- Tehsil Tinwari And Now Bawadi, District Jodhpur.

----Respondents For Petitioner(s) : Mr. N.R. Choudhary For Respondent(s) : Mr. Abhishek Pareek for Respondent No.1 to 5.

JUSTICE DINESH MEHTA

Order

04/09/2018 The present writ petition is directed against the order dated

27.04.2018 passed by learned Senior Civil Judge, Jodhpur District Jodhpur (hereinafter referred to as “Trial Court”), whereby the application under Order VII Rule 14 read with Section 151 of the Code of Civil Procedure 1908, filed by the petitioner has been rejected.

The facts in nutshell relevant for the purpose of the present writ petition are that during the proceedings of the suit filed by the petitioner (plaintiff), he had filed an application dated 06.04.2018 under Order VII Rule 14 of the Code of Civil Procedure and sought leave to produce a certified copy of the order dated 15.05.2017 passed by the Court in the temporary injunction application, relating to the suit proceedings.

The learned Trial Court rejected the said application filed by the petitioner-plaintiff with the following observations:- “vf/koDrk oknh ftl vkns”k 39 fu;e 1 o 2 lifBr /kkjk 151 lh-ih-lh-

dks iznf”kZr djokuk pkgrs gSa] og i=koyh esa bl U;k;ky; }kjk vLFkkbZ fu’ks/kkKk ds izkFkZuk i= esa fn;k x;k vkns”k gSA mijksDr vkns”k ewy okn ds fuLrkj.k rd gh vfLrRo esa jgrk gS ,oa og ,slk nLrkost ugha gS] ftlds vk/kkj ij i{kdkjksa ds fgr fdlh Hkh :i ls fu/kkZfjr fd;s tkus gks ,oa u gh fdlh i{kdkj dk dksbZ nLrkost gS vkSj mijksDr vkns”k dh vof/k ewy okn ds fuLrkj.k rd gh gksrh gSA ,slh fLFkfr esa mijksDr nLrkost dks fjdkWMZ ij fy;s tkus dh U;k;ky; ds er esa dksbZ vko”;drk ugha gSA vr% oknhx.k dh vksj ls izLrqr izkFkZuk i= vUrxZr vkns”k 7 fu;e 14 lifBr /kkjk 151 lh-ih-lh- [kkfjt fd;k tkrk gSA i=koyh okLrs lk{; oknhx.k gsrq fnukad 25@05@18 dks is”k gksA”

A perusal of the impugned order passed by the learned Trial Court shows that the subject application has been dismissed for irrelevant reasons and on the grounds not germane for adjudication of the application under Order VII Rule 14 of the Code of Civil Procedure.

This Court is unable to comprehend the purport of the reason given by the learned Trial Court that the order dated 15.05.2017 has its effect till the disposal of the suit. The same is absolutely misconceived. The other reason given therein that the order dated 15.05.2017 does not affect the rights of the parties is also unsustainable.

As far as the effect of the order is concerned, the same has to be seen at appropriate stage, viz. at the time of hearing the arguments in the suit on merit. In the present case, the effect and rel