AIR 2018 RAJASTHAN 187

Rajasthan High Court

Hon'ble Judge(s): Alok Sharma , J

(A) Constitution of India , Art.227— Writ petition - Maintainability - Petition challenging two orders on wholly separate and distinct provisions of CPC viz. - O. 6, R. 17, O. 7, R. 14(3) in single petition - Each order constitutes separate cause of action - Single petition not maintainable against two orders. Civil P.C. (5 of 1908) , O.6 R.17, O.7 R.14(3)— (Para 10) (B) Civil P.C. (5 of 1908) , O.6 R.17— Amendment of pleadings - After framing of issues - Object of expeditious adjudication of civil disputes - Amendment to plaint sought several months after framing of issues - Pertaining to facts well within knowledge of plaintiff at time of filing of suit - Not touching real controversy in matter - Rejection proper. (Para 10) (C) Civil P.C. (5 of 1908) , O.7 R.14(3)— Production of documents - Leave of Court - Parameters explained. Order 7 Rule 14(3), CPC is an exception to rule of procedure that plaintiff files documents in support of his case at the outset along with plaint itself. Exception under O. 7, R. 14(3), CPC can be invoked only with leave of Trial Court. That leave of Court is discretionary. Facts on which the leav....