Rajasthan High Court - Jaipur
Manish Kumar Son Of Shri Ramesh Chand vs Smt. Shanti Devi Wife Of Shri Ramesh ... on 11 April, 2022
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 21958/2019
Manish Kumar Son Of Shri Ramesh Chand, Resident Of House
No. 179, Brahampuri Chota Akhada Near Power House,
Brahampuri, Jaipur.
----Petitioner
Versus
1. Smt. Shanti Devi Wife Of Shri Ramesh Chand, Resident Of
House No. 179, Brahampuri Chota Akhada Near Power
House, Brahampuri (Died During Trial) Jaipur.
2. Ramesh Chand Son Of Late Shri Moti Lal, Resident Of
House No. 179, Brahampuri, Chota Akhada, Near Power
House, Brahampuri, Jaipur.
3. Dinesh Kumar Son Of Shri Ramesh Chand, Resident Of
House No. 179, Brahampuri, Chota Akhada, Near Power
House, Brahampuri, Jaipur.
4. Banita Wife Of Shri Yogesh Jaiswal Daughter Of Shri
Ramesh Chand, Resident Of House No. 138, D Block,
Malviya Nagar, Jaipur.
----Respondents
For Petitioner(s) : Mr. M.M. Ranjan, Senior Advocate
assisted by Mr. Rajat Ranjan and
Mr. Devashish Pancholi
For Respondent(s) : Mr. Rahul Kamwar with
Mr. Deep Soni
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
11/04/2022
This writ petition has been filed by the plaintiff-petitioner
challenging the orders dated 26.11.2019 (Annexure-3),
02.12.2019 (Annexure-9) and 10.12.2019 (Annexure-12). The
petitioner has further prayed that a direction may be given to
allow the application filed by the petitioner under Order 7 Rule
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14(3) CPC and permission be also granted to cross-examine the
defendant's witnesses including DW-2 Ramesh Chand.
Counsel for the petitioner submitted that petitioner has filed
a suit for partition and permanent injunction against the
respondents. Counsel submitted that defendant-respondent Shanti
Devi had earlier filed a suit for possession and the said suit was
decreed in favour of defendant-respondent. Counsel submitted
that during cross-examination of said defendant-respondent
Shanti Devi, she had made certain admissions and as such
petitioner by filing application under Order 7 Rule 14 wanted to
bring on record the documents which were relevant for deciding
suit filed by the plaintiff-petitioner.
Counsel for the petitioner has drawn attention of this Court
towards the cross-examination of defendant-respondent which has
been filed as Annexure-8 with the petition and counsel submitted
that there has been admission on the part of the defendant-
respondent that the property in question i.e. house was purchased
by her and she had denied that house in question was an
ancestral house.
Counsel for the petitioner further submitted that the
application filed by the petitioner under Order 7 Rule 14 CPC was
only for the purpose of producing certain documents which could
not be filed along with the plaint. Counsel submitted that due
explanation was given of filing such documents at belated stage
and Court has refused to exercise its discretion, while deciding the
application filed by the petitioner.
Counsel further submitted that by the impugned order dated
26.11.2019, the petitioner has been denied opportunity to cross-
examine the witness and the ground on which said application has
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been dismissed is allegedly delay caused by the petitioner in
pursuing his case and not cross-examining the witness of the
defendant-respondent.
Counsel for the petitioner submitted that no prejudice would
be caused to the defendant-respondent if the application filed by
the petitioner under Order 7 Rule 14 CPC is allowed. Counsel
further submitted that the right available to the petitioner to
cross-examine the witness, cannot be denied by the Court below
and in the interest of justice, this Court may set aside the orders
and permit the petitioner to place documents on record and
further give opportunity to cross-examine the witness.
Mr. Rahul Kamwar, learned counsel appearing for the
defendant-respondent submitted that in this case initially an order
was passed by this Court on 06.01.2020 whereby the Court below
was directed not to pass final order. Counsel for the respondent
submitted that during pendency of the writ petition, the evidence of the defendant-respondent has already been concluded and only judgment is to be pronounced. Counsel for the defendant- respondent further submitted that in this case the evidence of the petitioner was concluded in the year 2019 itself and after giving several opportunities when the evidence of the defendant was to be produced, the petitioner did not avail the opportunity to cross- examine the witness and as such the Court below has rightly refused to give permission to petitioner to cross-examine the defendant's witness.
Counsel further submitted that documents which the petitioner intends to place on record are in his possession and so far cross-examination of defendant-Shanti Devi had also taken place somewhere in the year 2010 and petitioner ought to have (Downloaded on 13/04/2022 at 09:19:00 PM) (4 of 4) [CW-21958/2019] produced such documents along with the plaint and if he has not filed the same, the permission may not be granted by this Court.
I have heard learned counsel for the parties. This Court finds that the Court below has not committed any illegality in passing the impugned orders. This Court finds that the Court below has assigned reasons of causing delay as petitioner failed to produce the documents cross-examination of defendant-respondent which said to have taken place in 2010. This Court further finds that right to cross-examine the witness has rightly been denied as petitioner in spite of taking an opportunity at the cost of Rs.1,000/- on the particular date, did not cross-examine the witness. This Court finds that no interference is required in the impugned orders. The writ petition is accordingly dismissed.
The decision rendered by this Court will not cause any prejudice to the petitioner for availing any right which is available under the law.
(ASHOK KUMAR GAUR),J N.Gandhi/44 (Downloaded on 13/04/2022 at 09:19:00 PM) Powered by TCPDF (www.tcpdf.org)