-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.1812 of 2010. Mahesh Kumar Sharma son of Shri Gyarsi Lal VERSUS Civil Judge (Junior Division) & Judicial Magistrate, Bansur, District Alwar and Others Date of Order :::: February 22nd, 2010 Hon'ble Mr. Justice Dalip Singh Mr. Sandeep Saxena, Counsel for the Petitioner *** By the Court : Heard learned counsel for the petitioner. Perused the impugned order passed on the application, Annexure-1. The objection, which has been raised by the learned counsel for the petitioner is that Madan Lal was originally at the time of filing of the suit the Secretary of the Gram Panchayat, Shyampura, but subsequently during the pendency of the suit, he stood transferred and, therefore, he had no right to move the application. So far as the application itself is concerned, the application has been filed by the defendant No.4 Gram Panchayat through the Secretary i.e. though Shri Madan Lal, the Secretary at the time when the suit was originally filed for -2- summoning the record of the application filed under Order 39 Rule 1 and 2 C.P.C., which has been separately registered and against the order of the learned trial Court an appeal in the matter is pending before the learned Additional District Judge, Behror, I am of the view that the application in this case is for and on behalf of the defendant No.4, the Gram Panchayat though Madan Lal may not be the Secretary at present even if the case of the petitioner-plaintiff is to be accepted it does not materially make any difference. In the facts and circumstances since the documents are already on record in the miscellaneous proceedings and were filed in the Court admittedly by Madan Lal as Secretary of the Gram Panchayat, along with the reply to the application, I am of the view that the impugned order calls for no interference. The writ petition is accordingly dismissed summarily. (Dalip Singh), J. Ashok/