S.B. Civil Writ Petition No.15364/2010 Ram Gopal Vs. ADJ and Anr. Dated : 20.11.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Shashi Shekhar, for the petitioner. *** By way of this writ petition, the petitioner has beseeched to quash and set aside the order dated 6th July, 2010 whereby the learned Additional District Judge (Fast Track) No.1, Dholpur dismissed the application of the plaintiff filed under Order 7 Rule 14 of CPC. 2. Having heard the submissions made by the learned counsel for the petitioner and carefully scanned the impugned order, it is noticed that one application under Order 7 Rule 14 CPC was presented by the petitioner before the Court imploring that the signatures on Panchnama be sent to hand writing expert for obtaining expert opinion. 3. Learned trial Court is found to have dismissed the application on the ground that there was no mention of the fact of Panchnama in the plaint filed by the plaintiff nor a mention of this fact is found to have been made in the notice which was given to the defendant prior to filing of the suit. Learned trial Court found that this document was not relevant for the purpose of adjudicating the suit. The defendant-respondents also objected -2- to the fact of taking this document on record. The defendant submitted before the trial Court that the said document was forged and fabricated later on. Had this document existed, the plaintiff would have necessarily filed the same along with the suit in the Court and a mention thereof would have been in both the notice given to the defendant as also in the suit filed against him. Learned trial court, thus, cast doubt about the genuineness of the document. It did not find the same to be relevant to the suit. 4. Learned counsel for the respondent defended the impugned order and stated the same to be just and proper. 5. It is relevant to record that the Hon'ble Apex Court in plethora of cases has consistently held that the High Court should exercise the jurisdiction under Article 227 of the Constitution only when the impugned order is found to be perverse or contrary to material or it results in manifesting injustice. The Hon'ble Apex Court has also held that the High Court should escape from interfering with the finding of facts of the court below. 6. Adverting to the facts of the instant case, it is noticed that as per the submissions of the plaintiff himself, the said document existed prior to filing of the suit in the Court but he did not care to file the same along with the -3- plaint. So far as the impugned order is concerned, it is found to be just and proper and suffers from no infirmity or perversity. Hence, in view of the afore- stated reasons, the writ petition deserves to be dismissed at the threshold and the same stands dismissed accordingly. (MAHESH BHAGWATI)J. Pcg item no.6.