The Rajasthan High Court dismissed the writ petition challenging the order granting discovery of documents. The court held no interference was required as the petitioner had an adequate remedy to refute document possession via affidavit.
Writ petition dismissed; petitioner at liberty to file affidavit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 10735 / 2015
Rana Ram S/o. Shri Pema Raj Mi, by caste Ghanchi, aged about 40 years, resident of Ward No.29, Balotra, Tehsil Pachpadra, District Barmer (Raj.)
----Petitioner
Versus
----Respondents
Connected With
(Paras Mal & Anr. Vs. Aman Singh & Ors.)
(Parasmal & Ors. Vs. Aman Singh & Ors.)
For Petitioner(s) : Mr. Manish Patel
For Respondent(s) : Mr. Sajjan Singh
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
03/04/2018
(2 of 3)
[CW-10735/2015]
sum and substance, for the following reliefs :-
SBCWP No.10735/2015
“a) by an appropriate writ, order or direction, the order dated
29.05.2015 (Annex.1) may kindly be quashed and set aside;
b) by an appropriate writ, order or direction, the application of the respondents dated 04.9.2012 (Annex.5) may kindly be rejected with costs.
c) Any other appropriate writ, order or direction which this Hon`ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
d) Writ petition filed by the petitioner may kindly be allowed with costs.”
(3 of 3)
[CW-10735/2015]
that the agreement and consent letter are not in his power and possession, which has been ordered to be discovered from him. Counsel for the respondent further submitted that that the petitioner is having ample remedy under Order 1 Rule 21 CPC to refute possession of documents by way of filing an affidavit.
(DR. PUSHPENDRA SINGH BHATI)J.
Sanjay
1 issue framed by the court
Whether the High Court should interfere with the order allowing discovery of documents under Order 11 Rule 12 CPC when respondents claim files are already in their possession.
2 provisions across 1 enactments
Rana Ram
Aman Singh
Bheem Singh
Radha Kishan
Bhanwar Singh
Ishwar Singh
Dr Pushendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
