1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.9939/2005. Kailash Chand. VERSUS C.J. (Jr.Div) & J.M., Dudu, Distt., Jaipur & Anr. 27.03.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.Vimal Kumar Jain, for the petitioner. Mr.Harshvarthan Nandwana, for the respondent No.2. ***** Heard learned counsel for the parties and perused the impugned order by which the application submitted by the defendant-petitioner for producing the certified copy of the judgment dated 10.12.1997 on record and leading evidence based upon the same has been rejected. It is not in dispute that the aforesaid document, the judgment dated 10.12.1997 is a judgment inter- party in an earlier suit and the defendant-petitioner seeks to rely upon the same more particularly with reference to the findings on Issue No.2. Similarly, the defendant-petitioner has sought to produce on record the statement of the plaintiff, respondent herein, in Civil Suit No.38/1986 wherein also the dispute was with regard to the 3 Foot wide Gali between the properties of the plaintiff and the defendant-petitioner. The reason which has been given by the learned counsel for the petitioner for the delay in filing the application is that the certified copies of these 2 documents could not be obtained as the file had been tagged with another file and sent to the learned appellate court. In the facts and circumstances, looking to the nature of the document, the genuineness of which is not in dispute, I deem it just and proper to permit the petitioner to produce the same in the evidence. However, the learned trial court shall afford an opportunity to the plaintiff-respondent for rebutting the aforesaid evidence or for explaining the same, as the case may be. The document shall be taken on record subject to the payment of cost of Rs.2,000/- to the plaintiff. Subject to the above, the writ petition as well as the stay application stand disposed of. The interim order stands vacated. (DALIP SINGH),J. Solanki DS, Jr.P.A.