MAHINDER SINGH Vs. CHARAN SINGH

JUDGEMENT

(1.) CM 17137/2012 (exemption).

(2.) THIS petition is directed against the order dated 18.07.2012 of ADJ, whereby the application of the petitioners, who were the plaintiffs in the suit and the appellants before the Appellate Court in RCA No. 18/2010, under order XLI Rule 27 read with Section 151 CPC, was dismissed. Since a short controversy is raised in the instant petition and I have heard the Learned Counsel appearing for petitioners as also the respondent No. 8/MCD, no notice is required to be issued to the private respondents.

(3.) IT is noted that the learned ADJ has observed that PW1 Suresh Kumar was cross examined on the sanctioned site plan as well as layout plan, whereas, it is submitted by the Learned Counsel for the petitioners, and rightly so, that no layout plan was available at that time, and so, there was no cross examination of Suresh Kumar in this regard. Since the controversy was only as to whether there was any encroachment by the respondents at T -Point or not, the production of this plan appears to be relevant and necessary for the just decision of the case.