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PRABHU DAYAL versus ADDITIONAL DISTRICT JUDGE & OR

High Court of Rajasthan

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PRABHU DAYAL v ADDITIONAL DISTRICT JUDGE & OR - CW Case No. 9784 of 2005 [2007] RD-RJ 3524 (23 July 2007)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH, JAIPUR

ORDER

S.B. CIVIL WRIT PETITION NO. 9784/2005

PRABHU DAYAL

Vs.

ADDITIONAL DISTRICT JUDGE, RAJGARH & ORS.

DATE: 23.07.2007.

HON'BLE MR. K.S. RATHORE, J.

Mr. Prahlad Sharma for the petitioner.

Mr. Manoj Bhardwaj for respondent Nos. 6 & 7.

****

This writ petition is directed against the order dated 23.09.2005 passed by the Additional

District Judge, Rajgarh, District Alwar, whereby the

Court below has rejected the application filed by the petitioner under Order 151 CPC dated 04.07.2005 and the documents which were filed, were not allowed to be exhibited.

Learned counsel appearing for the respondent

Nos. 6 and 7 has supported the submissions made by the learned counsel for the petitioner and submitted that the impugned order passed by the Court below should be quashed and set aside and the documents so filed, be exhibited in the interest of justice.

Having heard rival submissions of the respective parties and after carefully gone through the impugned order dated 23.09.2005, in the interest of justice, I deem it proper to quash and set-aside the order impugned dated 23.09.2005 passed by the

Additional District Judge, Rajgarh, District Alwar and direct the Court below to allow the application filed by the petitioner under Order 151 CPC dated 04.07.2005 and also allow to exhibit the documents.

With these observations, the writ petition stands allowed.

(K.S. RATHORE),J. /KKC/


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