Gokul Chand Kesari Chand vs Addl. District Judge and Others

Prakash Tatia, J.—Heard Learned Counsel for the parties.

The petitioner''s application filed under Order 7 Rule 14 CPC dated 17th March, 2006 was rejected by the trial court vide order dated 1st Sept., 2007, hence, the writ petition has been preferred.

The petitioner''s evidence yet has not started and petitioner sought permission to produce the copy of the partnership deed and certificate of registration of firm, which has been denied by the trial court merely on the ground that it will adversely effect the interest of the defendants.

The reason given by the trial court does not constitute any cause for denial of relief. Whenever any party submits a document obviously submits the same to prove his case so as to destroy others case also then in that situation, no document can be permitted to be produced on the ground that it will effect adversely interest.

In view of the above reason, the order of the trial court deserves to be set aside. However, there was delay in submitting the documents which appears to be trustworthy documents as one of it is certificate of registration of firm issued by the competent authority, therefore, the present writ petition is allowed. The order dated 1st Sept., 2007 is set aside. The petitioner''s application filed under Order 7 Rule 14 CPC is allowed and the documents are taken on record on payment of cost of Rs.2,000/- by the plaintiff to the defendants Nos.2, 3 and 4 jointly.