[2025:RJ-JP:2071] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6332/2021 Raj Bahadur Rajoria Son Of Shri Lal Chand Rajoria, Aged About 55 Years, Resident Of House No. C-1/239, Chitrakoot Yojna, Ajmer Road, Jaipur (Raj.) ----Petitioner Versus 1. Shri Lal Chand Rajoria Son Of Late Shri Bhagwan Das, Resident Of S-18, Bhawani Singh Road, C-Scheme, Jaipur (Raj.). (Since Deceased) 2. Smt. Kamla Devi Wife Of Shri Lal Chand Rajoria, Aged About 81 Years, Resident Of S-18, Bhawani Singh Road, C-Scheme, Jaipur (Raj.). 3. Girish Kumar Son Of Shri Lal Chand Rajoria, Aged About 64 Years, Resident Of Plot No. 34, Shakti Nagar, Triveni Chauraha, Gopalpura Bypass Road, Jaipur (Raj.). Presently Residing At Plot No. 58, Bajrang Vihar, Near Durgapura Railway Station, Jaipur (Raj.). 4. Smt. Shakuntala Devi Wife Of Shri Girish Kumar, Aged About 60 Years, Resident Of Plot No. 34, Shakti Nagar, Triveni Chauraha, Gopalpura Bypass Road, Jaipur (Raj.). Presently Residing At Plot No. 58, Bajrang Vihar, Near Durgapura Railway Station, Jaipur (Raj.). 5. Shri Rambabu Son Of Shri Lal Chand Rajoria, Aged About 52 Years, Resident Of S-18, Bhawani Singh Road, C- Scheme, Jaipur (Raj.). 6. Sunil Kumar Badaya S/o Shri Kastoor Chand Badaya, Aged About 55 Years, Resident Of Plot No. B-60, Laxmi Narainpuri, Surajpole, Jaipur (Raj.). ----Respondents For Petitioner(s) : Mr. Raj Bahadur Rajoria, present in person For Respondent(s) : Mr. Ajay Kumar Jain, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment [2025:RJ-JP:2071] (2 of 3) [CW-6332/2021] DATE OF JUDGMENT 16 / 01/2025 Instant civil writ petition has been filed by the petitioner- plaintiff (for short ‘the plaintiff’) under Article 227 of the Constitution of India against the order dated 22.03.2021 passed by Additional District Judge No. 6, Jaipur Metropolitan-I in civil suit No. 58/2014 titled as “Raj Bahadur Rajoria Vs. Shri Lal Chand Rajoria and Ors.” whereby the application filed by the plaintiff under Order 7 Rule 14(3) read with Section 151 CPC filed by the plaintiff for taking the document on record has been dismissed. Plaintiff who is present in person submits that he had filed a suit for recovery of Rs. 6,75,000/- and permanent injunction against the defendants-respondents (for short ‘the defendants’) before the trial Court in which the plaintiff filed an application under Order 7 Rule 14(3) read with 151 CPC for taking the affidavit in evidence of defendant No. 3-Girish Kumar in Objection No. 03/2003 and the evidence of defendant No. 3-Girish Kumar in Objection No. 03/2003 on record but the trial Court vide order dated 22.03.2021 dismissed the application filed by the plaintiff. Plaintiff submits that evidence of the defendant No. 3-Girish Kumar is relevant in the present suit as he was having the knowledge of the partition. These documents are not fake. Therefore, trial Court should have taken these documents on record. So, the petition filed by the plaintiff be allowed and the order dated 22.03.2021 passed by the trial Court be set aside. Learned counsel for the defendants has opposed the arguments advanced by the plaintiff and submits that trial court rightly dismissed the application filed by the plaintiff because these documents are not relevant for adjudication of the present [2025:RJ-JP:2071] (3 of 3) [CW-6332/2021] suit. Presently, suit is at the stage of the plaintiff’s evidence. Plaintiff very well cross-examined defendants on these points. So, the present petition filed by the plaintiff being devoid of merit, is liable to be dismissed. I have considered the arguments advanced by the plaintiff as well as learned counsel for the defendants. It is an admitted position that plaintiff wanted to submit affidavit in evidence of defendant No. 3-Girish Kumar in Objection No. 03/2003 and the evidence of defendant No. 3-Girish Kumar in Objection No. 03/2003 on record. So, in my considered opinion, trial Court had committed an error in dismissing the application filed by the plaintiff. So, the petition filed by the plaintiff deserves to be allowed. Petition filed by the plaintiff is allowed and the order dated 22.03.2021 passed by the trial Court is set aside. Trial Court is directed to take the documents filed by the plaintiff on record. Pending application(s), if any, stand(s) disposed of. (NARENDRA SINGH DHADDHA),J Tahir/114