// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.9717/2006 Hori Lal S/o Shri Birbal Versus Civil Judge (JD) & Judicial Magistrate, 1st Class, Bharatpur and Others Date of Order ::: 02.07.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Satish Khandelwal, Counsel for petitioner Shri J.P. Goyal, Counsel for respondents #### By the Court:- Admit. Heard learned counsel for the parties for final disposal of the case. The plaintiff-respondent No.1 filed a suit for permanent injunction and, during the pendency of that suit, the defendant-petitioner filed an application under Order 8 Rule 1(3) CPC seeking permission to produce two documents, namely, 'jamabandi' and trace, on the record. The application was contested by the plaintiff by filing a written-reply. The trial court, vide impugned order dated 3rd November, 2006, rejected the application. Being aggrieved with the same, the defendant has preferred this writ petition. The learned counsel for the petitioner // 2 // contended that both the documents were relevant for proper adjudication of the case but, without considering the relevancy of the document properly, the learned trial court committed an illegality in dismissing the application. The learned counsel for the plaintiff- respondent defended the impugned order passed by the trial court and, in alternative, he contended that in case the application of the defendant is allowed then his right may be safeguarded and he may be given liberty to file documents in rebuttal. I have considered the submissions of learned counsel for the parties The documents sought to be produced on the record were shown during the course of arguments and, after considering the same in the light of reasons assigned by the trial court for rejecting the application, I find these documents to be material and relevant for proper adjudication of the matter pending in the court below. Consequently, the writ petition is allowed. The impugned order dated 3rd November, 2006 passed by the trial court is set-aside. The application filed by the defendant-petitioner is allowed and the documents produced with the application are ordered to be taken on the // 3 // record. It will be open for the plaintiff- respondent to file any other document in rebuttal thereof. Cost is made easy. (Narendra Kumar Jain) J. //Jaiman//