BHUPAL SINGH PANWAR Vs. DISTRICT JUDGE CHAMOLI

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has sought following relief:-

(2.) BRIEFLY stated, facts of the case, giving rise to this petition are that petitioner is plaintiff before the trial court. The petitioner/plaintiff filed a suit in the court of respondent no.2 Civil Judge (Junior Division) Karanprayag against the respondents/defendants for damages of Rs.31,000/- on the ground that due to the negligent laying of the pipeline by the respondents/defendants in Vishnu Prayag Pariyojana, which passes through the village of the petitioner/plaintiff, one buffalo and one cow of the petitioner/plaintiff died. The suit was contested by the respondents/defendants by filing a written statement. Respondents/defendants denied the plaint allegations and stated that the pipeline was laid down by the respondents/defendants safely. In Para-4 of the writ petition, it is pleaded that this fact was not mentioned in the written statement that the pipeline was under ground. Both the parties adduced their evidence before Civil Judge (Junior Division) when the case was fixed for argument on 26.9.2006. Plaintiff/petitioner moved an application for local inspection by the Presiding Officer himself to see whether the pipeline is underground or not. Copy of application is annexed as Annexure No.4 to this petition. Application for local inspection was objected by the respondents/defendants. Learned Presiding Officer did not find favour to the petitioner and rejected the application vide its order dated 26.9.2006 on the ground that the application was moved at the hearing stage and no reason has been assigned in the application. Aggrieved by the said order, the petitioner preferred appeal before the District Judge Chamoli. Vide order dated 18.10.2006, revision was dismissed and the order of the trial court was made affirmed.

(3.) I find no illegality or perversity in the impugned orders. The writ petition, being devoid of any merit, is dismissed summarily. No order as to costs.