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S.B.Civil Writ Petition NO.904/2005

State of Rajasthan & Ors.

vs

M/s. Ramkishan Ramchandra Partnership Firm & anr.

DATE OF ORDER : - 15.2.2005

HON'BLE MR. PRAKASH TATIA,J.

Mr. Shyam Ladrecha Addl.AG, for the petitioner.

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Heard learned counsel for the petitioner.

The petitioner is aggrieved against the order dated 2^nd Dec., 2004

by which the trial court admitted the certification of registration of the

firm by allowing the application filed under Order 7 Rule 14 CPC.

According to learned counsel for the petitioner, the trial court on

earlier occasion rejected the plaintiff’s application for the production

of the document relating to the registration of the petitioner’s firm

under Section 69 of the Partnership Act. In that order, the trial court

observed that the registered firm is a legal person and contention raised

by the plaintiff that both the firms are one and the same, cannot be

accepted. According to learned counsel for the petitioner-defendant in

view of the order passed by the trial court on 4^th June, 2004, the issue

relating to grant of permission to produce the registration certificate of

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the plaintiff firm stands decided finally and the principle of res-judicata

applies to the subsequent stage of the same proceedings. Therefore,

the order of the trial court dated 2^nd Dec., 2004 is illegal as the trial

court had no jurisdiction to permit for the production of the document,

firstly at such a belated stage and secondly, the plaintiff relied upon

another document for proving registration of plaintiff’s firm. Learned

counsel for the petitioner relied upon the judgment of the Hon'ble Apex

Court delivered in the case of Prahlad Singh Vs. Col. Sukhdev Singh

reported in AIR 1987 SC 1145.

I considered the submissions of learned counsel for the

petitioner. There is no dispute that the principle of res-judicata applies

in the same proceedings at different stages also. The trial court

considered all the objections raised by the petitioner in detail in its

order dated 2^nd Dec., 2004 and reached to the conclusion that the

document, which is now sought to be produced is a relevant document

for the purpose of deciding issue involved between the parties and the

document is trustworthy document because the document is the

certificate issued by the Registrar of the Firms registering the plaintiff’s

firm as alleged by the plaintiff. The contention of the learned counsel

for the petitioner if accepted then it is clear that on earlier occasion

the plaintiff relied upon a document, which according to petitioner-

defendant was not relating to the plaintiff’s firm, but subsequent

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document, which is sought to be produced by the plaintiff before the

court according to learned counsel for the petitioner himself is a

different document then there arises no question of applying the

principle of res-judicata because the documents produced were

different and two documents have their own relevance and credibility as

well as evidencery value.

In view of the above, there appears to be no jurisdictional error

committed by the court below. Hence, the writ petition of the

petitioner is dismissed.

(Prakash Tatia), J.

c.p.goyal/-