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2025 DAILYLAW 2429 (RAJ)

RAMGOPAL S/O ROOPNARAYAN v. STATE OF RAJASTHAN

CW/621/2025 · 2025-01-17

Narendra Singh Dhaddha

body2025

Judgment text

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[2025:RJ-JP:2487] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 621/2025 1. Ramgopal S/o Roopnarayan, (Since Deceased) 1/1. Shreemati Geeta Devi W/o Ramgopal, Resident Of Khawaraojee, Tehsil Nangal Rajavataan, At Present Resident Of Behind P.g. College, Dausa, District Dausa, Raj. 1/2. Kamlesh Kumar S/o Ramgopal, Resident Of Khawaraojee, Tehsil Nangal Rajavataan, At Present Resident Of Behind P.g. College, Dausa, District Dausa, Raj 1/3. Dinesh Kumar S/o Ramgopal, Resident Of Khawaraojee, Tehsil Nangal Rajavataan, At Present Resident Of Behind P.g. College, Dausa, District Dausa, Raj. 1/4. Mahesh Kumar S/o Ramgopal, Resident Of Khawaraojee, Tehsil Nangal Rajavataan, At Present Resident Of Behind P.g. College, Dausa, District Dausa, Raj. 2. Shyam Sundar S/o Roopnarayan, Resident Of Khawaraojee, Tehsil Nangal Rajavataan, At Present Resident Of Behind P.g. College, Dausa, District Dausa, Raj. ----Petitioners Versus 1. State Of Rajasthan, Through District Collector, Dausa, District Dausa. 2. Gram Panchayat Khawaraojee Through Sarpanch, Village Gram Panchayat Khawaraojee, Tehsil Nangal Rajavataan, District Dausa, Raj. 3. Secretary, Gram Panchayat Khawaraojee, Tehsil Nangal Rajavataan, Dausa. 4. Mahendra S/o Ramjeelal, R/o Village Khawaraojee, Tehsil Nangal Rajavataan, District Dausa, Raj. ----Respondents For Petitioner(s) : Mr. Ashish Sharma Upadhyay, Adv. For Respondent(s) : HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA [2025:RJ-JP:2487] (2 of 3) [CW-621/2025] Order 17/01/2025 This civil writ petition has been filed by the petitioners- plaintiffs (for short 'the plaintiffs') against the order dated 16.12.2024 passed by Civil Judge and Judicial Magistrate, Dausa in civil suit No.32/2015, whereby the application filed by the plaintiffs under Order 7 Rule 14 CPC has been dismissed. Learned counsel for the plaintiffs submits that plaintiffs filed a suit for declaration and permanent injunction against the respondents-defendants (for short 'the defendants') in which defendant No.4 filed an application under Order 8 Rule 1 CPC for taking certain documents on record. The said application filed by the defendant No. 4 was allowed passed by the trial court vide order dated 16.12.2024 and the documents were taken on record by the trial Court on cost of Rs. 500/-. Learned counsel for the plaintiffs further submits that plaintiffs also filed an application under Order 7 Rule 14 read with Section 151 CPC for taking the documents on record but the trial Court vide order dated 16.12.2024 dismissed the application filed by the plaintiffs. Learned counsel for the plaintiffs also submits that trial court wrongly dismissed the application filed by the plaintiffs because these documents were necessary for adjudication of the suit. So the order dated 16.12.2024 passed by the trial court be set aside and the documents filed along with the application under Order 7 Rule 14 read with 151 CPC be taken on record. I have considered the arguments advanced by learned counsel for the plaintiffs and perused the impugned order. [2025:RJ-JP:2487] (3 of 3) [CW-621/2025] It is an admitted position that the documents filed by the plaintiffs are prior to the date of filing the suit, which are necessary for proper adjudication of the suit. Therefore, in my considered opinion, trial Court has committed an error in dismissing the application filed by the plaintiffs. So, the petition filed by the plaintiffs deserves to be allowed. Accordingly, the petition filed by the plaintiffs is allowed. The order dated 16.12.2024 passed by the trial court is set aside. The trial court is directed to take all the documents on record subject to payment of cost of Rs.5,000/- by the plaintiffs to the defendants on or before the next date of hearing, failing which documents in question shall not be taken on record. Pending application(s), if any, stands, disposed of. (NARENDRA SINGH DHADDHA),J AVINASH GULERIA /8