$~82
* IN THE HIGH COURT OF DELHI AT NEW DELHI
st
% Date of decision: 31 July, 2024
+ CM(M) 3069/2024 & CM APPL. 43265/2024
RAJ SINGH & ANR.
.....Petitioner
Through: Mr. Pradeep Chaudhary, Advocate.
versus
OM PRAKASH LAKRA & ANR.
.....Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
CM APPL. 43266/2024 (Exemption)
Exemption allowed, subject to all just exceptions.
CM(M) 3069/2024
1. Petitioner is plaintiff before the learned Trial Court and is aggrieved by
th
order dated 27 April, 2024 whereby his request to place on record certain
additional documents has been declined.
2. Learned Trial Court observed that the case had already been fixed for
final arguments and no specific reason had been assigned, as to why these
documents could not be submitted earlier.
3. According to Mr. Pradeep Chaudhary, present suit is for partition and
possession and, admittedly, is at the stage of final arguments.
4. However, according to him certain documents were found necessary
for just and proper decision of the case and, therefore, request in this regard
should not have been turned down.
Signature Not Verified
CM(M) 3069/2024 1
Digitally Signed
By:SONIA THAPLIYAL
Signing Date:01.08.2024
14:23:21
5. I have gone through the contents of the application moved by the
petitioner before the learned Trial Court under Section 151 CPC.
6. Needless to say, such application is totally vague and unspecific. The
relevant contents of the application are as under:-
ssession is pending before this
“1. That a Civil Suit for Po
Hon’ble Court and same is fixed for 18/09/2023 for evidence.
2. That the plaintiff and defendant are going closed the evidences
and case, which the documents of ownership related to this suit
land i.e. WILL, Ownership, Ration Card, General Power of
Attorney, Loan Receipt in favour of the plaintiff, which is sought
to be produced in, the Hon’ble Court, is necessary and urgent
document for just and proper for decision of the case.
3. That the document which is sought to be produce by way of
additional evidence are in original available with the
applicant/plaintiff.
4. That non-production of the above said documents was a
bonafied mistake but it was not intentionally.”
7. The petitioner is pursuing a suit for partition and possession and if all
those documents were relevant and necessary for just and proper decision of
the case, these should have been filed at the earliest available opportunity.
Moreover, no reason has been assigned as to why these documents were not
placed earlier before the learned Trial Court.
8. As already noticed above, no reason whatsoever has been mentioned
even in the application as to what prevented the plaintiff from placing these
documents on record before the trial had commenced.
9. Moreover, this Court also cannot be oblivious of the fact that the case is
already at the stage of final arguments. The suit in question was instituted
way back in the year 2016 and if such application is allowed, it will not only
be prejudicing the rights and interests of the defendants but would also be
prolonging the trial for totally unjustifiable reasons.
Signature Not Verified
CM(M) 3069/2024 2
Digitally Signed
By:SONIA THAPLIYAL
Signing Date:01.08.2024
14:23:21
10. Viewed thus, there is no merit or substance in the present petition.
The petition is, thus, dismissed.
(MANOJ JAIN)
JUDGE
JULY 31, 2024/ss
Signature Not Verified
CM(M) 3069/2024 3
Digitally Signed
By:SONIA THAPLIYAL
Signing Date:01.08.2024
14:23:21