Dismissed

Om Prakash Saini v. Shri Swaroop Govind Pareek

Rajasthan HC14 Nov 2014CW/12811/2009

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of a writ petition. The petitioner challenged an order of the trial court that allowed a suit to proceed because the respondent College could not produce rent deeds and files claimed missing due to the unaccounted death transition of the previous custody.

What did the court decide?

The impugned order dated 11.8.2009 is upheld; the writ petition and stay petition are disposed of.

Om Prakash Saini Vs Shri Swaroop Govind Pareek — Property and Title | Rajasthan HC (2014)

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S.B.Civil Writ Petition No.12811/2009

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR

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ORDER

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O m Prakash Saini vs. Shri Swaroop Govind Pareek College.

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S.B.Civil Writ Petition No. 12811/2009 under Article 226 of the Constitution of India against the order dated 11.8.2009 passed by Addl. Civil Judge (SD) No.3, Jaipur Metro, Jaipur in Civil Suit No. 12/2005.

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Date of Order: 14.11.2014

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PRESENT HON'BLE MR. ATUL KUMAR JAIN,J.

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Mr. Prem Kumar Sharma , for the petitioner Mr. Sanjay Pareek for non-petitioner

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BY THE COURT:

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In Civil Suit No. 12/2005 pending in the court of Addl. Civil Judge(SD) No.3, Jaipur Metro, Jaipur, that court allowed an application filed by the petitioners under Order XI Rules 12 and 14 read with Section 151 of CPC and directed the respondent-College to produce all the rent deeds and files on or before 16.1.2008 in the court in response to the order dated 22.9.2008 of that court. The S.G. Pareek College filed an application in the court that the relevant rent deeds and files are not available in the office, so it expressed its inability to comply the order dated 22.9.2008 and in the circumstances of the case, another order was passed by the said court on 11.8.2009 in which reply of the S.G. Pareek College was taken on record and the suit was allowed to proceed to the next stage.

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S.B.Civil Writ Petition No.12811/2009

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In this petition, the petitioner-defendant O.P. Saini has prayed that the rent deeds and files are certainly in possession of the plaintiff and the plaintiff is deliberately concealing the fact from the court and so, the impugned order dated 11.8.2009 should be quashed and set aside and again direction should be issued to the plaintiff to produce the relevant files and rent deeds in the trial court.

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The petitioners seek help from the following rulings:-

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(1) Shri M.L.Sethi v. ShriR.P. Kapur,AIR SC 2379

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(2) M/s Paras Drugs & chemical Industries & ors. 2001(2) RLR 481.

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The above rulings are not relevant at this stage.

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I have heard both the parties and I have perused the documents. You can bring the horse to water but you cannot make him to drink. Plaintiff-non-petitioner S.G. Pareek College has denied the fact of availability of the rent deeds and files in its possession and in this regard, an affidavit of Ramesh chand Pareek was also filed in the trial court, who is at present Management Secretary of S.G. Pareek College and he has narrated in the affidavit that previously Hanuman Sahai Pareek was Secretary of the College and he was in possession of the files and rent deeds, but after death of Hanuman Sahai Pareek, those files and rent deeds are not traceable in the office because Hanuman Sahai Pareek did not hand-over its documents to his successor.

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In the circumstances of the case, this Court will not issue direction to the plaintiff-non-petitioner in this regard and the impugned order of the trial court is upheld as such but it is hereby made clear that the desired rent deeds and files will not be used by the plaintiff-non-petitioner in future in any proceeding pending

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S.B.Civil Writ Petition No.12811/2009

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between S.G.Pareek College and the petitioner.

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The writ petition as well as the stay petition stand disposed of in the above terms. A copy of this order be sent to the trial court immediately.

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( ATUL KUMAR JAIN),J.

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