1 S.B. CIVIL WRIT PETITION NO.4983/2006 Sheodan SinghVs.Addl.Civil Judge (LD) No.1, Bharatpur & Ors. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 22.7.2009. S.B. CIVIL WRIT PETITION NO.4983/2006 Sheodan Singh Vs. Addl.Civil Judge (LD) No.1, Bharatpur & Ors. HON'BLE MR. JUSTICE DALIP SINGH Shri R.P. Garg,for the petitioner. Shri J.P. Goyal, for the respondent. Heard learned counsel for the parties. In this writ petition the defendant petitioner has challenged the order dated 12.4.2006 by which the application to place on record the order of the S.D.O. by which he has set aside the auction of the land in favour of the plaintiff non petitioner held on 4.12.1984. The defendant wanted to place on record a copy of the order dated 6.11.1985 to submit that the land in dispute was a part of the public way as held by the SDO and also orders passed for cancellation of the auction by the SDO. In all 6 documents were sought to be produced which have been disallowed. The submission of the learned 2 S.B. CIVIL WRIT PETITION NO.4983/2006 Sheodan SinghVs.Addl.Civil Judge (LD) No.1, Bharatpur & Ors. counsel for the respondent on the other hand is that the suit had been pending since 1995 and the application has been submitted on 13.7.2004 whereas these documents are of the period prior to the year 1992. While submission of the learned counsel for the respondent plaintiff does merit consideration that the application has been submitted after considerable delay however it cannot be denied that the documents which are sought to be taken on record have a material bearing on the matter in issue, so far as the suit is concerned, more particularly the title to the property, though so far as possession is concerned it is a distinct matter. As such the application deserves to be allowed. In the facts and circumstances of the present case I am inclined to allow the application of the defendant to produce the documents filed along with the application under Order 8 Rule 1 (A)3 CPC. The learned counsel for the petitioner has submitted that the defendant does not want to produce any oral evidence with regard to the aforesaid documents and the same may be admitted in the evidence. It is therefore directed that the learned trial court would take the documents on record submitted by the defendant petitioner and treat it a part of the record 3 S.B. CIVIL WRIT PETITION NO.4983/2006 Sheodan SinghVs.Addl.Civil Judge (LD) No.1, Bharatpur & Ors. as the evidence on behalf of the defendant. The learned trial court would afford an opportunity the plaintiff respondent to submit evidence in rebuttal both oral and documentary. This writ petition stands disposed of as above. The impugned order is set aside. The interim order stands vacated. (DALIP SINGH),J. Ram chandr khatri,PS