Rajasthan High Court - Jodhpur
Smt. Bishmillah Thro. Lrs vs Learned Civil Judge (S.D.)Makrana &Ors on 2 September, 2008
Author: Vineet Kothari
Bench: Vineet Kothari
CW-2512/08-Smt.Bishmillah through LRs. Vs. Civil Judge (SD), Makrana & Ors. Judgment dt.2.9.08
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S.B. CIVIL WRIT PETITION NO.2512/2008
Smt.Bishmillah through LRs. Vs. Civil Judge (SD), Makrana & Ors.
Date of order : 2nd September, 2008
PRESENT
HON'BLE DR. JUSTICE VINEET KOTHARI
Mr. G.R. Punia for the petitioners.
Mr. D.D. Thanvi for the respondents.
Mr. Rishi Vaishnave for the Mining Department.
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1. Heard learned counsels.
2. This writ petition is directed against the order dated 10.4.2008 of the learned trial court whereby the learned trial court rejected the application under Order 11 Rule 12 C.P.C. by which application the plaintiffs wanted production of certain documents from the Mining Department.
3. Learned trial court has rejected the said application on the ground that the plaintiff could have produced the certified copy of the said documents to be obtained from the Mining Department.
4. Since the trial is pending subject to decision of this writ petition all the learned counsels including learned counsel for the Mining Department agree that the Mining Department could produce the document in question before the learned trial court and therefore, the present writ petition may be disposed of with the direction to the CW-2512/08-Smt.Bishmillah through LRs. Vs. Civil Judge (SD), Makrana & Ors. Judgment dt.2.9.08 2/2 learned trial court to expedite the trial.
5. In the facts and circumstances of this case, this writ petition is allowed and the impugned order dated 10.4.2008 is set aside and the Mining Department shall produce the document sought by the petitioner-plaintiff before the learned trial court on the next date of hearing before the learned trial court.
6. Accordingly the I.A. No.10546/2008 is also disposed of.
[ DR. VINEET KOTHARI ], J.
item No.31 babulal/-