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GOPAL SINGH v CIVIL JUDGE(S.D.)CUM A.C.J.M.BHEEM & ORS - CW Case No. 2906 of 2005 [2005] RD-RJ 1029 (17 May 2005)

S.B. Civil Writ Petition NO.2906/2005

Gopal Singh vs

Civil Judge & Ors.

DATE OF ORDER : - 17.5.2005.


Mr.NK Rastogi, for the petitioner.

Heard learned counsel for the petitioner.

The petitioner is aggrieved against the order dated 8th April, 2005 by which the trial court rejected the petitioner's application filed under

Order 7 Rule 14 CPC. According to petitioner, the trial court committed jurisdiction of error in rejecting the petitioner's application because of the simple reason that trial court proceeded on assumption that the trial court has no jurisdiction to entertain the application.

After going through the facts of the case, I do not find any reason to interfere in this order when petitioner sought permission to produce the document in rebuttal. The appellate court can very well examine whether there is sufficient ground for condoning of delay in this matter or not.

In view of the above, I do not find any merit in this writ petition and the same is hereby dismissed.

(Prakash Tatia), J. c.p.goyal/-


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