SBCWP NO.3515/2005– THAKUR ANAND SINGH V/S KAMAL SINGH AND ORS. . : ORDER DATED 6.8.2008 1/2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.3515/2005 Thakur Anand Singh versus Shri Kamal Singh and ors. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.R.R.Nagori, for the petitioner Mr.Jagat Tatia on behalf of Mr.Manish Shishodia, for the respondents. DATE OF ORDER : 6th AUGUST, 2008. O R D E R 1. Heard the learned counsels for the parties. 2. This writ petition is directed against the order dtd.14.2.2005 whereby the learned trial Court rejected the application of the plaintiff under Order 7 Rule 14 C.P.C. for production of original documents at the stage of plaintiff's evidence. SBCWP NO.3515/2005– THAKUR ANAND SINGH V/S KAMAL SINGH AND ORS. . : ORDER DATED 6.8.2008 2/2 3. The learned trial Court has held that since only photo-copies of these documents were produced along with the plaint and list of documents filed with the plaint and no reason has been assigned for delay in submitting the original documents. Therefore, the appliation under Order 7 Rule 14 C.P.C. did not deserve to be allowed. 4. Having heard the learned, this Court is of the opinion that the plaintiff was prevented by sufficient cause in not producing the documents within time as he was suffering from heart ailment and ultimately the said plaintiff Thakur Anand Singh expired and presently his LRs are pursuing the present litigation. 5. In the facts and circumstances of the case, the impugned order dtd.14.2.2005 is set aside and this writ petition is allowed. The learned trial Court shall allow the plaintiff to produce these documents in original on the record. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.34 Ss/-