[2025:RJ-JP:45357] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7829/2025 Chiranji Lal S/o Sh. Tikha Ram, Aged About 81 Years, R/o Village Kotkasim, Tehsil Kotkasim District Alwar (Raj.) ----Petitioner Versus 1. Rajendra Prasad Agrawal S/o Sh. Banwari Lal Agrawal, Aged About 76 Years, R/o Village Kotkasim, Tehsil Kotkasim District Alwar (Raj.) 2. Rajkumar Agrawal S/o Sh. Banwari Lal Agrawal, Aged About 70 Years, R/o Village Kotkasim, Tehsil Kotkasim District Alwar (Raj.) 3. Munshiram Loha S/o Sh. Mangalram, Aged About 68 Years, R/o Village Kotkasim, Tehsil Kotkasim District Alwar (Raj.) 4. Hemant Kumar Jangid S/o Sh. Chetram Jangid, Aged About 58 Years, R/o Village Kotkasim, Tehsil Kotkasim District Alwar (Raj.) 5. Phoolchand Sharma S/o Sh. Kaluram Sharma, Aged About 73 Years, R/o Village Kotkasim, Tehsil Kotkasim District Alwar (Raj.) 6. Mahesh Kumar S/o Sh. Bishambhar Dayal, R/o Village Kotkasim, Tehsil Kotkasim District Alwar (Raj.) ----Respondents For Petitioner(s) : Mr. Manvendra Singh Choudhary with Mr. Himanshu For Respondent(s) : Mr. Srijan Tiwari HON'BLE MR. JUSTICE MANEESH SHARMA Order 12/11/2025 1. The present writ petition has been filed by the petitioner against the order dated 22.01.2025 passed by the Civil Judge and Judicial Magistrate, Kotkasim (Alwar), Rajasthan in Civil Suit [2025:RJ-JP:45357] (2 of 3) [CW-7829/2025] No.34/19/17 titled as “Chiranji Lal vs. Rajendra Prasad Agrawal & Ors.” whereby, the learned Court below rejected the application filed by the petitioner under Order 7 Rule 14 read with Section 151 of CPC. 2. Learned counsel for the petitioner submits that the main suit was filed in the year 2017, and the alleged Will as well as the power of attorney came into existence on 04.06.2019 and 19.08.2021, respectively, during the pendency of the suit. He further submits that both the documents are relevant and have a material bearing with regard to the suit property; therefore, the impugned order may kindly be set aside, and the annexed documents may kindly be taken on record. 3. Per contra, learned counsel for the respondents opposes the said submission and submits that no sufficient explanation has been furnished by the petitioner to produce the said documents on record, the impugned order has been passed after due consideration of facts and circumstances of the case, therefore, does not warrant any interference by this court and prays for dismissal of the present writ petition. 4. Heard and considered the submissions and perused the record of the case. 5. From a bare perusal of the record of the case, it is reflected that the petitioner filed the suit for mandatory and permanent injunction on 15.05.2017, wherein, on 07.09.2022, the petitioner filed an application under Order 7 Rule 14 read with Section 151 CPC for taking on record the registered Will dated 04.06.2019 and the power of attorney dated 19.08.2021. [2025:RJ-JP:45357] (3 of 3) [CW-7829/2025] 6. A bare look to the aforesaid documents, reveals that the aforesaid documents are relevant for the just and proper adjudication of the lis. Although it is true that the documents were in possession of the petitioner, the same has been filed with a delay. 7. It is a trite law that the rules of procedure are the handmaid of justice. When there is a conflict between procedural technicalities and the cause of substantial justice, the latter must prevail; even though the documents have been filed with delay, while considering the totality of facts and circumstances, this Court is of the considered view that the learned Court below erred in rejecting the petitioner's application filed under Order 7 Rule 14 CPC dated 07.09.2022 vide order dated 22.01.2025. 8. Accordingly, the impugned order dated 22.01.2025 is set aside, and the application filed under Order 7 Rule 14 CPC dated 07.09.2022 is allowed. The annexed documents, i.e., the Will dated 04.06.2019 and the power of attorney dated 19.08.2021, are ordered to be taken on record subject to the payment of cost of Rs.5,000/-. 9. In view of the above, the present writ petition is allowed. 10. All other pending application(s), if any, stand disposed of. (MANEESH SHARMA),J DEEPA-1