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Judgment
G.S. Ahluwalia, J
This petition under Article 227 of the Constitution of India has been filed against the order dated 30.10.2021 passed in Civil Suit No.131-A/2018 pending in the Court of Second Civil Judge, Class-II, Gwalior, by which the application filed by the petitioner under Order 19 Rule 1 of CPC has been rejected.
The facts of the case are that the petitioners are the plaintiffs and they have filed a suit for declaration of title and permanent injunction. The defendants/respondents filed an application under Order 16 Rule 6 read with Section 151 of CPC for calling the copy of order dated 06.08.1996 passed by Joint Registrar, Cooperative Society, Gwalior on the ground that in spite of various efforts made by the respondents/defendants, the employees of the concerning department are not providing the same.
It is not out of place to mention here that the said application is still pending and has not been decided. It appears that the petitioner filed an application under Order 19 Rule 1 read with Section 151 of CPC alleging that the aforesaid allegations made against the employees of Joint Registrar, are required to be supported by an affidavit and, accordingly, the respondents/defendants be directed to file specific affidavit in support of paragraph 4 of the application filed under Order 16 Rule 6 of CPC.
The Trial Court by the impugned order has rejected the said application on the ground that no affidavit is required in support of the application under Order 16 Rule 6 of CPC.
Challenging the order passed by the Trial Court, it is submitted by the counsel for the petitioner that since the respondents/defendants have levelled serious allegations against the officers and employees of Joint Registrar, therefore, the Trial Court should have directed the respondents/defendants to file their affidavit in support of the said allegations.
Considered the submissions made by the counsel for the petitioner.
Undisputedly, the application filed under Order 16 Rule 6 of CPC is still pending. It is yet to be decided by the Trial Court as to whether the prayer made by the respondents/defendants for requisitioning the copy of order dated 08.06.1996 from the office of Joint Registrar, Cooperative Society, Gwalior is to be accepted or not. Merely because the respondents/defendants have claimed that in spite of their best efforts, copy of said order is not being provided to them, it cannot be said that they have created or raised such factual dispute which goes to the root of the suit. Respondents have merely given explanation as to why they are unable to produce the certified copy of the order dated 06.08.1996. As already pointed out, the application filed under Order 16 Rule 6 of CPC is still pending and whether the reason assigned by the respondents/defendants is worth acceptance or not, is yet to be decided by the Trial Court.
Under the facts and circumstances of the case, this Court is of the considered opinion that no case is made out warranting interference in the impugned order.
Accordingly, the petition fails and is hereby dismissed.