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2019 DIGILAW 352 (HP)

Ram Dei v. Sunil

2019-04-01

AJAY MOHAN GOEL

body2019
JUDGMENT Ajay Mohan Goel, J. (Oral) - By way of this petition, the petitioner has challenged order dated 23.08.2018, passed by the Court of learned Senior Civil Judge, Kullu, H.P. in Civil Suit No. 177/12 (R. No. 415/13), titled as Ram Dei Vs. Sunil and others, whereby an application filed at a belated stage to place certain documents on record stands dismissed. 2. Brief facts necessary for the adjudication of this petition are that the petitioner herein filed a suit for permanent prohibitory injunction restraining the defendants from selling, alienating, transferring and creating encumbrance upon the suit property situated in Phati Khokhan, Tehsil & District Kullu, H.P. in the year 2012. 3. At the stage of hearing of the case, an application was filed by the petitioner under Section 151 of the Code of Civil Procedure with the prayer that there was another Civil Suit, i.e., Suit No. 104/2005, titled as Shanti Lal Vs. Budh Ram decided on 19.02.1998 by the Court of learned sub Judge 1st Class, Kullu and in the said suit, a Local Commissioner was appointed, whose report alongwith statements of the parties made before the said Court were necessary for the adjudication of the case. 4. This application was rejected by the learned Court below inter alia on the ground that the documents which the petitioner intended to place on record were per se not admissible in evidence and in the absence of any prayer having been made to prove the said documents by examining the Local Commissioner etc., no purpose would be served by allowing the application and taking the documents on record. Same stands assailed before this Court. 5. I have heard learned counsel for the parties and have gone through the impugned order as also record of the case. 6. Having heard learned counsel for the parties and after going through the impugned order as also the record of the case, this Court finds no infirmity in the impugned order. It is not in dispute that simple prayer made in the application filed under Section 151 of the Code of Civil Procedure was to place on record certain documents, i.e., report of the Local commissioner as also statements of the parties made before the. It is not in dispute that simple prayer made in the application filed under Section 151 of the Code of Civil Procedure was to place on record certain documents, i.e., report of the Local commissioner as also statements of the parties made before the. Court of learned Sub Judge 1 st Class, Kullu in Civil Suit No. 104/2005 without there being any corresponding prayer made in the application to examine the Local Commissioner etc. That being so, order dated 23.08.2018, passed by the learned Court below dismissing the application suffers from no illegality, as no purpose would have been served by simply placing those documents on record, as until and unless those documents were duly exhibited before the learned Court below in accordance with law, the same could not have been relied upon by the learned Court below for the purpose of adjudication of the suit. In view of the above discussion, this petition being devoid of any merit is dismissed.