Advocates:
['SHANKER LAL SINAWADIYA', '', 'NARENDRA SINWARIA', 'GIRDHARI SINWARIA', 'NARENDRA THANVI', '', 'ANIL JOSHI']

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S.B.Civil Writ Petition No. 5777/2011

Nagendra Vs. Shri Pushtikar Seva Samiti Phalodi & Others

DATE OF ORDER

:

28/05/2014

HON'BLE MR. JUSTICE SANGEET LODHA

Mr. Shanker Lal Sinawadiya, for the petitioner.

Mr. R.K.Thanvi, Sr. Advocate assisted by

Mr. Narendra Thanvi, for the respondents.

1.

This writ petition is directed against the order dated

20.7.2010 passed by the Civil Judge (Sr. Division), Phalodi

in Civil Suit No. 243/92, whereby an application preferred

by the petitioner-plaintiff under Order 16 Rule 6 CPC to

summon the record from the Municipal Board, Phalodi,

stands rejected.

2.

The application has been rejected by the Court below

observing that nothing prevented the petitioner from

obtaining the certified copies of the documents sought to be

tendered in evidece.

3.

It is not the case of the petitioner that before making

the application as aforesaid, any attempt was made by the

petitioner to obtain the certified copies of the documents

alleged to be available with the Municipal Board, Phalodi. In

this view of the matter, the rejection of the application by

the trial court cannot be faulted with.

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4.

At this stage, learned counsel