High Court dismisses writ petition challenging trial court order allowing production of allotment letter under Order 11 CPC, holding no jurisdictional error as document is in petitioner's possession and essential for adjudication.
Writ petition dismissed. ¶¶23
The trial court did not commit any jurisdictional error, perversity, or legal infirmity in allowing the application for production of documents, as the document is in the possession of the petitioner and essential for adjudication of the suit. ¶¶22
[2025:RJ-JP:41846]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 15597/2025
Ayub Khan S/o Fool Mohammad Khan, aged about 42 Years, R/o Plot No. 61 Raghunathpuri Kalwad Road, Jhotwara, Jaipur.
----Petitioner
For Petitioner(s) : Mr. Aditya Khandelwal
HON'BLE MR. JUSTICE MANEESH SHARMA Order
14/10/2025
(2 of 2)
[2025:RJ-JP:41846]
[CW-15597/2025]
mesne profit @ Rs.10,000/- per month has been filed by the respondent against the petitioner and proforma respondents while stating that the suit property was allotted to the respondent vide allotment letter dated 25.05.1995 but the petitioner and proforma respondents by way of forged documents claiming their rights over the suit property. In the suit, the respondent has categorically stated that the petitioner and proforma respondents have taken possession of the suit property on the basis of a fraudulent document; therefore, the respondent has filed the application for summoning of the alleged allotment letter dated 15.07.1998, along with the site plan, which is in the power and possession of the present petitioner.
(MANEESH SHARMA),J
DEEPA-14
1 issue framed by the court
Whether the trial court erred in allowing the application under Order 11 Rule 12 and 14 CPC for production of original allotment letter and site plan, on the ground that the respondent must prove his case on his own legs.¶¶14-¶15
2 provisions across 1 enactments
How this case reached the court
order dated 15.04.2025 allowing application under Order 11 Rule 12 and 14 CPC for production of original allotment letter dated 15.07.1998 along with site plan¶¶14
Trial Court · 15.04.2025
Suit for possession, declaration, permanent injunction and mesne profit @ Rs.10,000/- per month filed by respondent against petitioner and proforma respondents, alleging allotment letter dated 25.05.1995 and forged documents by petitioner.¶¶21
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
