Smt. Gurdev Kaur vs Manjit Kaur and Others

Paramjeet Singh, J.—Instant revision petition under Article 227 of the Constitution of India has been filed for setting aside the order dated 27.11.2012 passed by learned Additional Civil Judge (Senior Division), Phul, whereby application under Order 7 Rule 14 CPC for production of the agreement to sell dated 14.5.2012 has been disposed of, application under Order 7 Rule 11 CPC for rejection of plaint and application moved by the petitioner for summoning the files of various cases have been dismissed and defendant No. 9 has been afforded an opportunity to file written statement. Heard.

Learned counsel for the petitioner submits that he is not aggrieved against the part of order whereby defendant No. 9 has been afforded opportunity to file written statement and application under Order 7 Rule 11 CPC has been dismissed. He is only aggrieved against the part of order passed on application whereby petitioner sought summoning of various files for disposal of the application under Order 39 Rules 1 and 2 CPC. Learned counsel for the petitioner vehemently contended that application was moved by the petitioner on 12.11.2012 whereby learned trial court ordered that requisite file be summoned for the date fixed i.e. on 16.11.2012. The said order is on the application itself. Finally the application has been dismissed by trial court by observing that petitioner will be at liberty to place on record certified copies of the documents which she thinks to be relevant for disposal of application under Order 39 Rules 1 and 2 CPC.

I have heard learned counsel for the parties and perused the record.

Admittedly, application under Order 39 Rules 1 and 2 CPC is an interim application and the same is decided on the basis of material placed before the court. At the stage of disposal of application under Order 39 Rules 1 and 2 CPC, no evidence is required to be led. In this case petitioner has been advised to get the certified copies of the documents which she thinks to be relevant for disposal of the application under Order 39 Rules 1 and 2 CPC and place the same on record.

Learned counsel for the respondent has brought to the notice of this Court that still no order has been passed on the application under Order 39 Rules 1 and 2 CPC.

If petitioner is still aggrieved, then petitioner will be liberty to place on record the material she wants to prove on record after getting the certified copies of the same from the concerned files. In case such documents are filed, same shall be taken into consideration if no order is yet passed in application under Order 39 Rules 1 and 2 CPC. However, if order has been passed in application under Order 39 Rules 1 and 2 CPC, petitioner will be at liberty to move application under Order 39 Rule 4 CPC. It is also made clear that even if no provision is mentioned under which an application is filed, Court is required to look into the substance of the averments and then pass the order in accordance with law on the application. Disposed of.