Rajasthan High Court - Jodhpur
Om Prakash Vadhwani vs Devendra Kumar on 6 December, 2010
Author: Govind Mathur
Bench: Govind Mathur
1
S.B.CIVIL WRIT PETITION NO.10494/2010
Om Prakash
Vs.
Devendra Kumar
Date of Order :: 6.12.2010
HON'BLE MR. JUSTICE GOVIND MATHUR
Mr. Arjun Purohit, for the petitioner.
...
By the order dated 1.11.2010 learned Civil Judge (Jr.Div.), Udaipur City - North Udaipur disposed of an application preferred by the petitioner-defendant as per provisions of Order 8 Rule 1 & 3 CPC. Learned court below by the order impugned permitted the defendant to place on record certain documents, but at the same time ordered that those documents shall not be exhibited in evidence. It is submitted by learned counsel for the petitioner that mere placement of the documents on record is of no consequence.
Having considered the order impugned, I do not find any merit in this petition for writ, in view of the fact that the trial court by an order dated 12.7.2002 has already struck off defence of the defendant. If the petitioner be permitted to get the documents exhibited then that would frustrate the order dated 12.7.2002, which as per learned counsel for the petitioner 2 has already been affirmed by this Court.
In view of factual position aforesaid, I do not find any wrong with the order impugned that may warrant interference of this Court while exercising powers under Article 227 of the Constitution of India.
The petition for writ is accordingly dismissed.
(GOVIND MATHUR) J.
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