Ramswaroop vs State Of Raj. & Ors on 19 February, 2010

CW-1692/10-Ramswaroop Vs. The State of Rajasthan & Ors.         Judgment dt.19.2.10

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               S.B. CIVIL WRIT PETITION NO.1692/2010
              Ramswaroop Vs. The State of Rajasthan & Ors.

Date of order                          :                  19th February, 2010

                                     PRESENT

              HON'BLE DR. JUSTICE VINEET KOTHARI

Mr. Vijay Jain for the petitioner.

                                           -------

1.             This writ petition is directed against the order dated

3.2.2010 passed by the ADJ (Fast Track) No.1, Hanumangarh

rejecting the application filed under Order 11 Rule 14 C.P.C. by the

present petitioner-appellant.



2.             The learned counsel for the petitioner submits that the

documents in question were relevant to the controversy in hand and

since they were in power and possession of the respondents, the

learned court below even at the appellate stage ought to have

summoned these documents for just and proper decision of the

appeal. He relied upon the decision of the Hon'ble Supreme Court in

case of Shri M.L. Sethi Vs. Shri R.P. Kapur - AIR 1972 SC 2379.



3.             The learned court below in para 6 of the impugned order

has observed that the appellants have failed to assign any reason as to

why such similar application was not filed before the learned trial

court and according to the learned court below it was not necessary to

summon these documents at the appellate stage.
 CW-1692/10-Ramswaroop Vs. The State of Rajasthan & Ors.       Judgment dt.19.2.10

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4.             Having heard learned counsel, this Court is of the

opinion that the documents in question are admittedly public

documents and the appellant had full liberty to produce the certified

copies of such public documents even at the appellate stage if he

choses to do so and under the discretion of appellate court if the

application is filed at the appellate stage is not entertained, this Court

is not inclined to interfere with the impugned order under Article 227

of the Constitution of India.



5.             Consequently, this writ petition being devoid of merit is

hereby dismissed. Copy of this judgment be sent to opposite parties

as well as learned court below.

                                                 [ DR. VINEET KOTHARI ], J.

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