1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.457 of 2004. Kanhaiya Lal son of Late Shri Bhoora Ram VERSUS Additional Civil Judge (Junior Division) & Judicial Magistrate No.5, Jaipur City, Jaipur and Others Date of Order :::: 19/08/2009 Hon'ble Mr. Justice Dalip Singh Mr. Brij Sharma, Advocate for Mr. R.B. Mathur, Counsel for the Petitioner. Ms. Anita Khandelwal } Mr. Manish Sharma } Counsel for the Respondents Per Court : Heard learned counsel for the parties. Perused the impugned order dated 11.09.2003 (Annexure-1) by which the application submitted by the petitioner under Order 7 Rule 14 (3) , C.P.C. for production of certain documents has been rejected by the learned trial Court interalia on the ground that the same has not been filed by the plaintiff himself, but by one Shri Abdul Gafur, the alleged power- of-attorney-holder. 2 The learned counsel for the petitioner has pointed out from the order-sheet dated 23.07.2003 that the said application was presented to the counsel for the petitioner, who was present before the Court on the said date. This fact is corroborated and apparent from the order-sheet dated 23.07.2003. The other ground given by the learned trial Court is that Abdul Gafur is not a party to the suit and nor is the alleged power-of-attorney on record. So far as the above is concerned, the learned counsel for the petitioner has placed Annexure-8 on record, wherein the plaintiff Kanhaiya Lal has executed the power-of-attorney in favour of Abdul Gafur, even with respect to filing of papers, plaint, written-statements, application, affidavit etc., even before the Court apart from other authorities. In that view of the matter, the objections taken by the learned trial Court cannot be sustained. I have considered the merits of the application as well and I find that along with the application, which is Annexure-9 on record that the plaintiff through the power-of- attorney has sought to produce the documents, which are certified copies of the notices issued by the Municipal 3 Corporation, Jaipur, the alleged permission for construction given by the Municipality, the receipt issued by the Municipality for deposit of fees and the approved plan for the constructions issued by the Municipality. The aforesaid documents, as per the application are said to be certified copies. However, the learned trial Court has not decided the application on merits. In case the aforesaid documents, which are certified copies as alleged, the learned trial Court will decide the application taking into consideration the provisions of Section 274 of the Municipality Act, 1959 in this behalf. Consequently, the writ petition and the stay application stand allowed to the extent as indicated above. The impugned order is set aside. (Dalip Singh) J. ashok/