[2025:RJ-JP:2685] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18854/2019 Virendra Kumar S/o Shri Banwarilal through LRs 1/1 Smt. Sushila Devi Wife of Late Sh. Virendra Kumar Sharma, Aged 56 years 1/2 Sandeep Kumar sharma Son of Late Sh. Virendra Kumar Sharma, Aged 38 years 1/3 Amardeep Sharma son of Late Sh. Virendra Kumar Sharma, Aged 35 years 1/4 Ashish Kumar Sharma son of Late Sh. Virendra Kumar Sharma, Aged 32 years All R/o Padmada Khurd Tehsil Mundawar, District Alwar, Rajasthan. ----Petitioner Versus 1. Jogendra Singh S/o Shri Amar Singh, Aged About 50 Years, B/c Rajput, R/o Padmada Khurd Tehsil Mundawar, District Alwar, Rajasthan. 2. Smt. Gyarsi Widow Of Shri Banwarilal, Aged About 80 Years, B/c Brahmin, R/o Padmada Khurd Tehsil Mundawar, District Alwar, Rajasthan. 3. Meena Devi D/o Shri Banwarilal, Aged About 55 Years, B/c Brahmin, R/o Padmada Khurd Tehsil Mundawar, District Alwar, Rajasthan. ----Respondents For Petitioner(s) : Mr. Anubhav Agarwal for Ms. Anita Aggarwal For Respondent(s) : HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 20/01/2025 Matter comes up on an application No. 2/2024 filed under Order 22 Rule 3 CPC for substitution of legal heirs of deceased petitioner- Virendra Kumar on record. [2025:RJ-JP:2685] (2 of 3) [CW-18854/2019] For the reasons mentioned in the application, same is allowed and legal heirs of deceased petitioner- Virendra Kumar as described in Para No.2 of the application are taken on record. Amended cause title filed with the application is taken on record. This Civil Writ Petition has been filed by the petitioner- plaintiff (for short 'the plaintiff') against the order dated 24.09.2019 passed by Civil Judge and Judicial Magistrate, Mundawar, Alwar in Suit No.34/30/2008, whereby the application filed by the plaintiff under Order 7 Rule 14 read with Section 151 CPC has been dismissed. Learned counsel for the plaintiff submits that plaintiff filed a suit for declaration of Will dated 29.02.1992 as null and void and permanent injunction against the respondents-defendants (for short 'the defendants') in which plaintiff filed an application under Order 7 Rule 14 read with Section 151 CPC for taking the documents (certified copy of the Jamabandi, mutation, milan shetrafal and judgments of various courts) on record, but trial court vide order dated 24.09.2019 dismissed the said application filed by the plaintiff. Learned counsel for the plaintiff further submits that documents in question are public documents and they were necessary to be taken on record for adjudication of the suit. So, the order dated 24.09.2019 passed by the trial Court be set aside and the documents filed by the plaintiff be taken on record. I have considered the arguments advanced by learned counsel for the plaintiff and perused the impugned order. [2025:RJ-JP:2685] (3 of 3) [CW-18854/2019] Taking into consideration the facts and circumstances of the case and more particularly in view of the fact that the documents in question are public documents, genuineness of which cannot be doubted, I deem it fit to allow the petition filed by the plaintiff. Accordingly, the petition filed by the plaintiff is allowed. The order dated 24.09.2019 passed by the trial Court is set aside. The trial Court is directed to take the aforesaid documents on record subject to payment of cost of Rs. 10,000/- by the plaintiff to the defendant 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. However, the defendants shall be at liberty to file the documents, if any, in rebuttal thereof. (NARENDRA SINGH DHADDHA),J Ritu/102