CW-1692/10-Ramswaroop Vs. The State of Rajasthan & Ors. Judgment dt.19.2.10 1/2 S.B. CIVIL WRIT PETITION NO.1692/2010 Ramswaroop Vs. The State of Rajasthan & Ors. Date of order : 19th February, 2010 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Vijay Jain for the petitioner. ------- 1. This writ petition is directed against the order dated 3.2.2010 passed by the ADJ (Fast Track) No.1, Hanumangarh rejecting the application filed under Order 11 Rule 14 C.P.C. by the present petitioner-appellant. 2. The learned counsel for the petitioner submits that the documents in question were relevant to the controversy in hand and since they were in power and possession of the respondents, the learned court below even at the appellate stage ought to have summoned these documents for just and proper decision of the appeal. He relied upon the decision of the Hon'ble Supreme Court in case of Shri M.L. Sethi Vs. Shri R.P. Kapur – AIR 1972 SC 2379. 3. The learned court below in para 6 of the impugned order has observed that the appellants have failed to assign any reason as to why such similar application was not filed before the learned trial court and according to the learned court below it was not necessary to summon these documents at the appellate stage. CW-1692/10-Ramswaroop Vs. The State of Rajasthan & Ors. Judgment dt.19.2.10 2/2 4. Having heard learned counsel, this Court is of the opinion that the documents in question are admittedly public documents and the appellant had full liberty to produce the certified copies of such public documents even at the appellate stage if he choses to do so and under the discretion of appellate court if the application is filed at the appellate stage is not entertained, this Court is not inclined to interfere with the impugned order under Article 227 of the Constitution of India. 5. Consequently, this writ petition being devoid of merit is hereby dismissed. Copy of this judgment be sent to opposite parties as well as learned court below. [ DR. VINEET KOTHARI ], J. item No.s/4 babulal/