Interim Order 6

Order Details: COPY OF ORDER
Pdf Text: RC ARC No. 71/23
JANGID BRAHMAN PANCHAYATI DHARAMSHALA TRUST
Vs. KULDEEP KUMAR
30.11.2023
ORDER
1. Vide this order, this Court shall decide and dispose off
application under Order 7 Rule 14 read with Section 151 CPC
moved on behalf of the petitioner seeking to file on record additional
documents.
2. It is the case of the petitioner that the respondent in his
written statement raised an objection that, the Trust Deed has not
been annexed by the petitioner alongwith the eviction petition,
therefore, the respondent is not able to ascertain or believe that
whether the petitioner is a Trust or not as claimed in the petition.
3. It is further the case of the petitioner that he intended to
file additional documents alongwith the replication, but the
respondent objected to the same on the ground that the petitioner
should first obtain permission from the Court to bring these
additional documents on record which were not filed with the
petition. As such, the petitioner has moved the present application
under disposal seeking permission of the Court to place on record the
following documents viz;,
i) Copy of Trust Deed in Urdu alongwith its Hindi
translation.
ii) Minutes of meeting.
iii) List of present trustees.
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3. The respondent has filed his reply to the application of
the petitioner under Order 7 Rule 14 CPC. The same is on record.
4. It is contended by the respondent that the
applicant/petitioner is an impersonator against whom the respondent
has already filed a criminal complaint alongwith other persons who
represented themselves as the Trustees of the petitioner Trust. It is
also contended that the minutes of the meeting sought to be placed
on record are forged and fabricated documents.
5. It is also contended that it is not the case of the
petitioner that the documents sought to be placed on record were not
in his possession earlier at the time of filing of the eviction petition.
It is further contended that even if the documents sought to be placed
on record by way of the present application are taken on record, even
then no fruitful purpose will be served as there is no averment
regarding these documents in the original petition, thereby the
petitioner shall be precluded from placing any reliance on these
documents.
6. This Court has heard the parties at length and has also
perused the entire record.
7. Pleadings supported by documents are the basis on
which the disputes between the parties are adjudicated. It is the
settled proposition of law that parties must be given adequate
opportunity to bring on record entire facts and circumstances duly
supported with documents.
8. The petitioner is dominus litis and he moves the Court
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by way of a petition seeking relief unknown that what facts and case
will be put forth by the respondent in his written statement,
thus, an opportunity is given to the petitioner to file replication so as
to meet out the facts and circumstances and case made out by the
respondent in his written statement. Thus, the petitioner may support
his replication with additional facts as well as documents.
9. Unless a party intends to delay the proceedings by
concealing a document or endeavours to divest the opposite party of
a valuable right vested in his favour, the Court shall have liberal
approach to allow additional documents on record, particularly at the
initial stage of proceedings so that the contesting parties are able to
put their best case forward and the controversy is fully presented and
adjudicated.
10. The case at hand was filed on 08.02.2023. It is still at
the initial stages and has not moved on merits ahead substantially.
Moreover, the application at hand has been filed without any
unnecessary delay on 15.07.2023, therefore, this Court is of the
opinion that interest of justice will be best served if the present
application is allowed and the documents intended to be placed on
record by the petitioner are taken on record.
11. Accordingly, the application of the petitioner under
Order 7 Rule 14 read with Section 151 CPC to place on record
additional documents is allowed subject to a cost of Rs.500/- to
be paid to the respondent.
12. As the respondent has already placed his written
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statement on record; and now new facts by way of documents are
coming on record, accordingly this Court is inclined to give 30 days
time to the respondent under Order 8 Rule 9 CPC to file additional
written statement only with respect to the additional documents filed
by the plaintiff within a period of 30 days from today with advance
copy to the opposite party.
12. Accordingly, the application in hand stands disposed
off. Copy of this order be given dasti on request.
13. Put up for completion of pleadings/further proceedings
on 02.01.2024.
Sumeet Anand
SCJ-cum-RC: Central District:
30.11.2023
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