Rajasthan High Court - Jodhpur
Sohan Lal & Ors vs Dist. Judge, Merta City & Anr on 19 November, 2012
Author: Gopal Krishan Vyas
Bench: Gopal Krishan Vyas
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
:ORDER:
S.B. CIVIL WRIT PETITION NO.2646/2012 (Sohan Lal & Ors. Vs. District Judge, Merta & Ors.) Date of Order :: 19.11.2012 PRESENT HON'BLE MR JUSTICE GOPAL KRISHAN VYAS Mr. Vikas Bijarnia, for the petitioners. Mr. Vishal Sharma, for the respondent.
Heard learned counsel for the parties.
In this writ petition filed under Article 227 of the Constitution of India, the petitioners are challenging the validity of the order dated 2.3.2012 passed by District Judge, Merta City whereby the trial Court passed an order to struck off the opportunity to defend on the ground that inspite of order passed by the Court upon the application filed under Order 11 Rule 12 CPC, the said document has not been produced by the petitioner defendants before the trial Court.
Learned counsel for the petitioner submits that although certain opportunities were granted to the petitioner for producing the said document on record but due to unavoidable 2 circumstances, the said documents was not produced on record, therefore, in the interest of justice, last opportunity may be granted to the petitioners to comply with the order dated 20.4.2010.
Learned counsel appearing on behalf of the respondents vehemently opposed the prayer and submits that sufficient opportunities were granted to the petitioners but inspite of granting opportunities, the petitioners have failed to produce the document on record, therefore, the petitioners are not entitled for any relief.
After hearing learned counsel for the parties, in the interest of justice, one last opportunity is hereby granted to the petitioners to produce the document as per order dated 20.4.2010. Consequently, this writ petition is allowed and petitioners are permitted to comply the order dated 20.4.2010 on or before next date of hearing on cost of Rs.500/-.
(Gopal Krishan Vyas), J.
arun, V.