Delay Not Explained: Rajasthan HC Upholds Order Rejecting Plea To Produce Sale Deed's Certified Copy Moved 13 Yrs After Suit Was Filed

The Rajasthan High Court upheld a trial court order rejecting the plaintiffs' plea to bring on record a sale deed 13 years after plaint was filed, stating that merely because the suit was at the stage of plaintiff's evidence, it gave the plaintiff no inherent right to produce a document which was in their knowledge from the time of filing the suit.

In doing so the high court further observed that the plaintiffs' did not explain "sufficient cause for such delay". 

The petitioner had filed an application under Order VII Rule 14, CPC, with the prayer to take on record the certified copy of a sale deed, a photocopy of which was already submitted with the plaint 13 years earlier. This application was rejected by the Trial Court.

The suit was regarding a disputed land that was left for public use but was sold fraudulently by the defendant. For proper clarification and adjudication of the dispute, sale deed of a land that existed on the northern side of the disputed property had to be brought on record.

The photocopy of this sale deed was attached to the plaint filed in 2011, however, the list of documents did not have any information that the original copy shall be summoned from the owner. It was only after 13 years of filing the plaint that steps were taken to procure this certified copy.

Justice Rekha Borana in her order observed:

"This Court is of the opinion that merely for the reason that the suit is at stage of plaintiffs' evidence, there is no inherent right available to the plaintiffs to produce a document which was in their knowledge right from the time of filing of the suit. Further, learned counsel for the petitioners has not been able to point out any sufficient cause for the said delay of 13 years. Admittedly, no steps to procure the certified copy of the sale deed in question were taken prior to the year 2024. Therefore, considering the fact that the plaintiffs were aware of the sale deed right from the date of filing the plaint i.e. 08.09.2011 (Annexure1), yet did not choose to place the certified copy on record for a period of more than 13 years, the learned Trial Court rightly rejected the application". 

It was further observed that as per the Trial Court order, the petitioners (plaintiffs) had already been granted 13 opportunities to lead their evidence.

Accordingly, the petition was dismissed, and it was held that the Trial Court was right in rejecting the application.

Title: LRs of Avtar Singh & Ors. v LRs of Gajanand & Ors.

Citation: 2025 LiveLaw (Raj) 146

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