CW-10007/09-Gramin Vikas Seva Sansthan Vs. State of Rajasthan & Anr. Judgment dt.28.10.09 1/2 S.B. CIVIL WRIT PETITION NO.10007/2009 Gramin Vikas Seva Sansthan Vs. State of Rajasthan & Anr. Date of order : 28th October, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Vijay Jain for the petitioner. ------- 1. Heard learned counsel. 2. This writ petition is directed against the order dated 5.10.2009 whereby the learned trial court rejected the application of the plaintiff under Order 11 Rule 14 C.P.C. seeking production of the agreement contract in question vide order dated 30.6.2009 referred to in the impugned order on account of violation of condition No.12 of the contract in question was cancelled by the defendants and the plaintiff urged before the learned trial court that since the said condition No.12 existed earlier also and contract was awarded to the plaintiff himself for running a training programme “Asha Sahyogini”, therefore, the said documents are relevant and required to be brought on record. 3. In pursuance of the order dated 23.10.2009 passed by this Court, the learned counsel for the plaintiff-petitioner has produced a copy of the order dated 30.6.2009 before this Court for perusal of this Court. 4. A perusal of the said order reveals that the said contract was forfeited on account of registration of criminal case vide FIR CW-10007/09-Gramin Vikas Seva Sansthan Vs. State of Rajasthan & Anr. Judgment dt.28.10.09 2/2 No.305/2008 on 15.12.2008 against the Secretary of the plaintiff Subhash Bainiwal and, therefore, the said contract was forfeited. 5. In view of the conduct of the plaintiff revealed in the said order, it is not considered expedient to interfere with the impugned order by this Court in its extra-ordinary jurisdiction under 227 of the Constitution of India.1 The contract in question was admittedly entered into with the plaintiff himself and, therefore, it is for him to produce the said contract in evidence. Otherwise also the same being a public document, a certified copy of the same can be obtained by the plaintiff and produced before the learned trial court. 6. The learned trial court cannot be said to have committed any error in rejecting the application under Order 11 Rule 14 C.P.C. 7. The writ petition is found to be devoid of merit. The same is accordingly dismissed. Copy of this judgment be sent to opposite parties & trial Court. [ DR. VINEET KOTHARI ], J. item No.2 babulal/