Dalip Singh vs State of Rajasthan and Others

Hon''ble Ms. Justice Bela M. Trivedi

The present petition has been filed by the petitioner-plaintiff challenging the order dated 28.4.12 passed by the Civil Judge, Jr. Div. & Judicial Magistrate No. 1, Alwar (hereinafter referred to as ''the trial court'')in Civil Suit No. 71/08, whereby the application filed by the petitioner for exhibiting the documents listed in his application dated 3.3.05 was rejected. During the course of admission hearing of the petition, it has been submitted by the learned counsel Mr. G.P. Sharma for the concerned respondent-defendant No. 6 that the said documents in question be permitted to be marked as exhibits, however liberty be reserved to the said respondent-defendant to raise the contentions as regards the proof of the contents and the mode of proof of the said documents at the time of final hearing of the suit. The learned counsel for the petitioner Mr. Sikarwar has no objection to the said proposition.

In view of the above, the petition deserves to be allowed to the extent that the documents in question mentioned in the application dated 3.3.05 filed by the petitioner-plaintiff are permitted to be marked as exhibits, however it will be open for the respondents-defendants to raise the contentions with regard to the proof of the contents thereof and to the mode of proof of the said documents at the time of the final hearing of the suit. The impugned order dated 8.4.12 is set aside. The petition stands disposed of accordingly.