Amar Lal and Others vs Mangilal and Others

Mahesh Bhagwati, J

By way of the instant writ petition, the petitioners have beseeched to quash and set-aside the order dt. 24th November, 2011, whereby learned Additional District Judge, Baran allowed the application of the respondents-plaintiffs filed under Order 7 Rule 14 readwith Section 151 CPC and took the certified copy of Jamabandi on record. Having heard the learned counsel for the petitioners and carefully perused the relevant material on record including the impugned order, it is revealed that the respondents-plaintiffs filed a suit against the petitioners-defendants imploring that Ram Chandra be declared as adopted son of Shri Madho Lal S/o Kanwariya, R/o Anta. During the pendency of the suit, the respondents-plaintiffs filed an application under Order 7 Rule 14 CPC imploring that the certified copies of Jamabandi pertaining to Samwat 1997 to 2000 and Samwat 2005 to 2008 and 2011 be taken on record.

It goes without saying that Order 7 Rule 14 (3) CPC contemplates the submission of document during the pendency of the suit, but with the leave of the Court. The learned trial Court is found to have allowed the application and took the documents on record.

I do not find any perversity and illegality in the impugned order.

Learned counsel for the petitioners has utterly failed to convince me so as to interfere with the impugned order. Hence, the writ petition being devoid of any substance deserves to be dismissed, which stands dismissed accordingly. Consequent upon the dismissal of writ petition, the stay application, filed herewith, does not survive and the same also stands dismissed.