[2025:RJ-JP:6391] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2162/2008 1. Chotelal S/o late Shri Hanumana Ram, aged 44 years, resident of Village & Post Mangthuna, Tehsil Laxmangarh, Dist. Sikar. 2. Gangadhar S/o late Shri Hanumana Ram, aged 40 years, resident of Village & Post Mangthuna, Tehsil Laxmangarh, Dist. Sikar. 3. Jagdish S/o late Shri Hanumana Ram, aged 26 years, resident of Village & Post Mangthuna, Tehsil Laxmangarh, Dist. Sikar. ----Petitioner Versus 1. Additional District Judge (Fast Track) No.2, Sikar. 2. Puranram S/o Shri Nathuram since deceased now represented through following legal representatives:- 2/1 Kesar Dev S/o Puranram 2/2 Ram Kumar S/o Puranram 2/3 Noranglal S/o Puranram 2/4 Gangadhar S/o Puranram All residents of Village Rajas, Tehsil Laxamangarsh, Dist. Sikar. 3. Smt. Jinchu Devi W/o late Shri Puranram, resident of Village Rajas, Tehsil Laxmangarh, Dist. Sikar. 4. Jawahar Singh S/o Shri Nathuram, since deceased now represented through following S/o Puranaram:- 4/1 Mohini W/o late Shri Jawahar Singh. 4/2 Vidhyadhar S/o late Shri Jawahar Singh 4/3 Shishupal S/o late Shri Jawahar Singh 4/4 Smt. Taramani D/o late Shri Jawahar Singh. All residents of Village Rajas, Tehsil, Laxmangarh, Dist. Sikar. 5. Trilok Singh S/o Shri Pitharam, resident of village Kaswali, Tehsil Laxmangarh, Dist. Sikar. 6. Lal Chand S/o late Shri Hanumana Ram resident of Village & Post Mangthuna, Dist. Sikar. 7. Ramavtar S/o late Shri Hanumana Ram resident of Village & Post Mangthuna, Dist. Sikar. 8. Bhanwari Devi D/o late Shri Hanumana Ram W/o Todaram, resident of Village Gudabadi, Tehsil Sujangarh, Dist. Churu. 9. Rukamani Devi D/o late Shri Hanumana Ram, W/o Shri Pannaram Phagedia, resident of Mana Ki Dhani, Teshil Laxmangarh, Dist. Sikar. [2025:RJ-JP:6391] (2 of 3) [CW-2162/2008] 10. Santosh D/o late Shri Hanumana Ram W/o Shri Madan Lal Gholpalia, resident of Village Gholpalia, Tehsil Laxmangarh, Dist. Sikar. 11. Smt. Mohini D/o late Sh. Hanumana Ram, W/o Sh. Jagdish Garwal, resident of Devipura Road, Sikar. 12. Smt. Nirmala D/o late Shri Hanumana Ram W/o Shri Panna Ram Gholpalia, resident of Village Gholpalia, Tehsil Laxmangarh, Dist. Sikar. ----Respondent For Petitioner(s) : Mr. Jai Sharma, Adv. For Respondent(s) : Mr. Tanmay Dhand, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 13/02/2025 This civil writ petition has been filed by the petitioners- plaintiffs (for short 'the plaintiffs') against the orders dated 10.11.2004 and 14.12.2007 passed by Additional District and Sessions Judge (Fast Track) No.2, Sikar by which the said court dismissed the applications filed by the plaintiffs. Learned counsel for the plaintiffs submits that the plaintiffs filed a suit against the respondents-defendants (for short 'the defendants') for partition, declaration and permanent injunction in which plaintiffs filed an application under Order 7 Rule 14(3) CPC, which was partly disallowed by the trial court vide its order dated 10.11.2004. The plaintiffs filed another application under Section 65 of the Indian Evidence Act for leading the secondary evidence in relation to the said documents but the same has also been dismissed by the trial court vide order dated 14.12.2007. Learned counsel for the plaintiffs further submits that Harphool Singh used to sign in English and not in Hindi. So, secondary evidence was required to be led in respect of those [2025:RJ-JP:6391] (3 of 3) [CW-2162/2008] documents but trial court vide its order dated 14.12.2007 wrongly dismissed the application filed by the plaintiffs, hence the impugned orders be set aside and applications filed by the plaintiffs be allowed and the plaintiffs be permitted to lead secondary evidence in relation to the documents. Learned counsel for the defendants has opposed the arguments advanced by the learned counsel for the plaintiffs and submitted that trial court has rightly refused to lead secondary evidence in relation to documents vide its order dated 14.12.2007 and rightly partly disallowed application filed by the plaintiffs under Order 7 Rule 14(3) CPC. So, the present civil writ petition filed by the plaintiffs being devoid of merit, is liable to be dismissed. I have considered the arguments advanced by learned counsel for the plaintiffs as well as learned counsel for the defendants. It is an admitted position that documents for which plaintiffs wanted to lead secondary evidence had already been denied to be taken on record by the trial court. So, in my considered opinion, trial court rightly disallowed the application filed by the plaintiffs for adducing the secondary evidence in relation to those documents. So, the present civil writ petition filed by the plaintiffs being devoid of merit, is liable to be dismissed, which stands dismissed accordingly. (NARENDRA SINGH DHADDHA),J AVINASH GULERIA /32