[2025:RJ-JP:2374] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 363/2025 1. Thakur Ji Shri Laxmi Ji Birajman Mandir Chalana Balaji, At Village Rampura Alias Maharajpura Tehsil And District Dausa Perpetual Minor Through Its Next Friend Mehant Shankar Das Chela Shayam Sundar Das, R/o- Mandir Chalana Balaji, Rampura Alias Maharajpura. 2. Prem Kumar Meena S/o Late Shri Leela Ram Meena, Aged About 45 Years, R/o- Near Chalana Balaji Mandir, Village Rampura Alias Maharajpura, Tehsil And District Dausa. ----Petitioners Versus 1. Kajodi W/o Narayan, Aged About 70 Years, R/o- Rampura Alias Maharajpura, Tehsil And District Dausa (Died) 1/1. Mohan S/o Narayan Sahay And Kajodi, (Died) 1/1/1 Smt. Kausalya Devi W/o Late Mohan, R/o- Rampura Alias Maharajpura, Tehsil And District Dausa. 1/1/2 Raju S/o Late Shri Mohan, R/o- Rampura Alias Maharajpura, Tehsil And District Dausa. 1/1/3 Vinod S/o Late Shri Mohan, R/o- Rampura Alias Maharajpura, Tehsil And District Dausa. 1/2. Babu Lal S/o Narayan Sahay And Kajodi, R/o- Rampura Alias Maharajpura, Tehsil And District Dausa. 1/3. Murari S/o Narayan Sahay And Kajodi, R/o- Rampura Alias Maharajpura, Tehsil And District Dausa. 2. Rukmani W/o Late Shri Kayan Sahay, R/o- Rampura Alias Maharajpura, Tehsil And District Dausa (Died) 2/1. Prahalad S/o Kalyan Sahay And Rukmani, R/o- Rampura Alias Maharajpura, Tehsil And District Dausa. 2/2. Omprakash S/o Kalyan Sahay And Rukmani, R/o- Rampura Alias Maharajpura, Tehsil And District Dausa. 2/3. Nemi Chand S/o Kalyan And Rukmani, (Died) 2/3/1 Avdesh Bharadwaj S/o Late Nemi Chand, R/o- Rampura Alias Maharajpura, Tehsil And District Dausa. 2/3/2 Lokesh Bharadwaj S/o Late Shri Nemi Chand, R/o- Rampura Alias Maharajpura, Tehsil And District Dausa. 2/3/3 Meena Devi W/o Late Shri Nemi Chand, R/o- Rampura [2025:RJ-JP:2374] (2 of 3) [CW-363/2025] Alias Maharajpura, Tehsil And District Dausa. 2/4. Dawarka Prasad S/o Shri Kalyan Sahay And Rukmani, R/o- Rampura Alias Maharajpura, Tehsil And District Dausa. 2/5. Suresh S/o Kalyan Sahay And Rukmani, R/o- Rampura Alias Maharajpura, Tehsil And District Dausa. 3. Prabhu S/o Mool Chand, Aged About 60 Years, R/o- Rampura Alias Maharajpura, Tehsil And District Dausa. 4. Sub-Tehsildar, Sainthal, Tehsil And District Dausa. 5. Tehsildar, Dausa, District Dausa. 6. Sub Registrar, Dausa, Tehsil And District Dausa. ----Respondents For Petitioner(s) : Mr. Vaibhav Pancholi, Adv. for Mr. Krishan Chander Sharma, Adv. For Respondent(s) : HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 17/01/2025 This Civil Writ Petition has been filed by the petitioners- plaintiffs (for short 'the plaintiffs') against the order dated 28.11.2024 passed by Civil Judge & Judicial Magistrate, Dausa, District Dausa in Suit No.38/2015, whereby the application filed by the plaintiffs under Order 7 Rule 14 read with Section 151 CPC has been dismissed. Learned counsel for the plaintiffs submits that plaintiffs filed a suit for cancellation of Will dated 03.07.1980, declaration and permanent injunction against the respondents-defendants (for short 'the defendants') in which plaintiffs filed an application under Order 7 Rule 14 read with Section 151 CPC for taking the documents (certified copy of the Jamabandi and Voter list) on [2025:RJ-JP:2374] (3 of 3) [CW-363/2025] record, but trial court vide order dated 28.11.2024 dismissed the said application filed by the plaintiffs. Learned counsel for the plaintiffs 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 28.11.2024 passed by the trial Court be set aside and the documents filed by the plaintiffs be taken on record. I have considered the arguments advanced by learned counsel for the plaintiffs and perused the impugned order. 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 document, genuineness of which cannot be doubted, I deem it fit to allow the petition filed by the plaintiffs. Accordingly, the petition filed by the plaintiffs is allowed. The order dated 28.11.2024 passed by the trial Court is set aside. The trial Court is directed to take 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. However, in the event the plaintiffs' documents are taken on record, the defendants shall be at liberty to file the documents in rebuttal thereof, if any. Pending application(s), if any, stands disposed of. (NARENDRA SINGH DHADDHA),J Jatin /05