LAWS(DLH)-2023-11-83

VIKAS MOHAN Vs. RAJINDER SINGH

Decided On November 20, 2023
Vikas Mohan Appellant
V/S
RAJINDER SINGH Respondents

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution of India impugns the order dtd. 7/11/2023 passed by Civil Judge-02, West, Tis Hazari, Delhi ('Trial Court') in Suit No. 848/2016, titled as S. Rajinder Singh v. Vikas Mohan, dismissing the application filed by the Petitioner herein under Order VIII Rule 1A and Sec. 151, of the Code of Civil Procedure, 1908 ('CPC') seeking permission to place on record three (3) black and white photographs filed at page Nos. 84 to 86 (Annexure P-7) to this petition.

(2.) 1 He states that, however, it is the defence of the Petitioner herein that the said area 'Mark A' which is identified as 'kholki' has been in existence for a very long time and was also in existence during the lifetime of grandfather of the Petitioner herein i.e., late Mr. Ram Murti Lal.

(3.) In reply, learned counsel for the Respondents states that in view of the fact that these photographs were readily available with the Petitioner and considering that the Petitioner has been extensively cross examined, there is no infirmity in the order of the Trial Court disallowing these documents to be brought on record, at this stage.