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2025 DAILYLAW 15576 (RAJ)

NAL DEV v. THAN SINGH ANDORS

CW/13229/2015 · 2025-01-09

Narendra Singh Dhaddha

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:1372] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13229/2015 Nal Dev S/o Shri Balvir aged 51 years R/o Village Nagala Faujdar, Tehsil Deeg Distt. Bharatpur ----Petitioner Versus 1. Than Singh S/o Ram Swaroop R/o Village Nagala Faujdar Teh Deeg Distt. Bharatpur 2. State of Rajasthan through Distt. Collector Bharatpur 3. Tehsildar, Tehsil Deeg Distt. Bharatpur ----Respondent For Petitioner(s) : Mr. N.C. Sharma For Respondent(s) : None HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 09/01/2025 This civil writ petition has been filed by the petitioner-plaintiff (for short ‘the plaintiff’) against the order dated 28.05.2015 passed by the Senior Civil Judge and Additional Chief Judicial Magistrate, Deeg, Bharatpur in civil suit No.42/2013 whereby the trial court dismissed the application filed by the plaintiff under Order 7 Rule 14(3) CPC. Learned counsel for the plaintiff submits that the plaintiff filed a suit for declaration and permanent injunction against the respondents-defendants (for short ‘the defendants’) in which the plaintiff filed an application under Order 7 Rule 14 (3) CPC for taking the documents of the Gram Panchayat on record but the trial Court vide order dated 28.05.2015 dismissed the application filed by the plaintiff. Learned counsel further submits that a [2025:RJ-JP:1372] (2 of 2) [CW-13229/2015] committee of the Gram Panchayat had prepared a report in which no encroachment was found. So, plaintiff wanted to take these documents on record but the trial Court has committed an error in dismissing the application filed by the plaintiff. So, the order dated 28.05.2015 passed by the trial Court be set aside. I have considered the arguments advanced by counsel for the plaintiff and perused the impugned order. The trial Court while dismissing the application filed by the plaintiff mentioned that on account of encroachment by the plaintiff, District Collector, SDM and Development Officer had initiated proceedings against the plaintiff but the plaintiff in connivance with the Gram Panchayat had prepared the forged documents. So, these documents are not relevant to decide the suit. So, in my considered opinion, the trial Court has rightly dismissed the application filed by the plaintiff. So, the present petition being devoid of merit, is liable to be dismissed, which stands dismissed accordingly. Pending application(s), if any, also stand(s) disposed of. (NARENDRA SINGH DHADDHA),J Ritu/89