Partly allowed

Radhey Shyam and Ors. v. District Collector and Ors.

Rajasthan HC24 Aug 2021CW/13693/2012

Case brief

AI extract

What is this about?

This Writ Petition challenged the rejection of the petitioner's application to introduce postal and acknowledgment receipts as evidence. The High Court partially allowed the petition, directing the trial court to admit the documents without adjournment, noting the delay was not the petitioner's fault. All pending applications were disposed of.

What did the court decide?

Trial Court directed to consider postal receipt and acknowledgment on record; cases need not be adjourned as documents are government official; all pending applications disposed of.

Radhey Shyam and Ors. Vs District Collector… — Civil Procedure and Limitation | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No. 13693/2012

¶3

Radhey Shyam S/o Shri Birdi Chand, resident of Manoharpur, Tehsil Shahpura, District Jaipur

¶4

Shri Kishan S/o Shri Ram Lal, resident of Manoharpur, Tehsil Shahpura, District Jaipur

¶5

Mohan Lal S/o Shri Ghisa Lal, resident of Manoharpur, Tehsil Shahpura, District Jaipur

¶6

Prem Chand S/o Shri Ram Kalyan, resident of Manoharpur, Tehsil Shahpura, District Jaipur

¶7

Gulab Khan S/o Shri Deen Mohammand, resident of Manoharpur, Tehsil Shahpura, District Jaipur

¶8

Sua lal S/o Shri Bala Sahai, resident of Manoharpur, Tehsil Shahpura, District Jaipur

¶9

----Petitioners

¶10

Versus

¶11

District Collector Jaipur, District jaipur

¶12

Tehsildar, Tehsil Shahpura, District Jaipur

¶13

Gram Panchayat, Manoharpur, Tehsil Shahpura, District Jaipur through its Sarpanch

¶14

Pradhan, Panchayat Samiti Shahpura, Tehsil Shahpura, District Jaipur

¶15

----Respondents

¶16

For Petitioner(s) : Mr. RK Paliwal for Mr. RA Katta For Respondent(s) : Mr. Pradeep kalwania, GC

¶17

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

¶18

Order

¶19

24/08/2021

¶20

The petitioners assail the order dated 30.07.2012 whereby application moved under Order 7 Rule 14(3) and Order 18 Rule 17 CPC by the petitioners for bringing on record two documents namely, a postal receipt and acknowledgment receipt dated 03.04.1996 was rejected.

¶21

(2 of 2) [CW-13693/2012]

¶22

Learned counsel appearing for the petitioners submits that the application was moved at the stage when the issues were framed and the evidence had not been started. At the said stage, there was no occasion to reject the application for bringing documents on record.

¶23

Learned counsel submits that the respondent- District Collector has rejected the application only on the ground that the case was pending for last 17-18 years, however, the same was not at the behest of the petitioner and application was moved on 30.11.2011 whereafter the issues were framed and the application was moved for bringing documents on record.

¶24

In view thereof, no delay can be said to have been caused.

¶25

Learned counsel for the respondent/s submits that while this case was pending, the proceedings have been continuing and it is at the final stage.

¶26

Taking into consideration the interim order passed by the Court wherein it is directed that the concerned Court shall not pass a final order, this Court partly allows this petition and directs the trial Court to take into consideration the documents which have been sought to be placed on record. Since documents are Government official documents, the case need not be adjourned for the purpose of taking evidence and the Court may proceed further.

¶27

Accordingly, the writ petition is partly allowed. All pending application, if any, also stand disposed of.

¶28

(SANJEEV PRAKASH SHARMA),J

¶29

NITIN /19

Radhey Shyam and Ors. v. District Collector and Ors.

Case brief

What is this about?

What did the court decide?

Radhey Shyam and Ors. v. District Collector and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt Rameshwari Devi Widow of Shri Brijniwasdas Ji (Since Deceased) Vs Krishna Kumar Sharma S/O Brijniwasdas Ji

Munendra Singh S/O Shri Dhroov Singh Vs State of Rajasthan

Gauri Vs Anju Singh

Smt. Barji Devi W/O Gopal Saini D/O Prabhatilal Vs Prabhatilal S/O Ghisa

Srilal Son of Bhagwat Vs Smt. Bhaggo Wife of Shri Pyaray

Sitaram Sharma, Son of Late Shri Kanhaiya Lal Ji Joshi Vs District Collector