JANKI NAINWAL Vs. LEELA DEVI SAH AND ANOTHER

JUDGEMENT

(1.) Heard.

(2.) By means of this writ petition, the petitioner has sought a writ, order or direction in the nature of certiorari to set-aside the order dated 08.05.2012 passed by the Additional District Judge/IInd F.T.C., Nainital in Civil Appeal No.36 of 2009 Smt. Leela Devi Vs. Smt. Janki Nainwal whereby the application filed by the petitioner under Order 41 Rule 27 of C.P.C. has been rejected. It is further prayed that appellate court be directed to allow the application under Order 41 Rule 27 CPC and the document be taken on record.

(3.) Briefly stated the facts giving rise to the writ petition are that the plaintiff/respondent filed a suit for eviction against the petitioner before the Civil Judge (Jr.Div.), Nainital on the ground that petitioner/defendant is unauthorised occupant in the premises in question. The said suit was dismissed by the Civil Judge (Jr.Div.), Nainital vide its judgment and decree dated 16.09.2009 holding that the 2 defendant is the tenant of the house in question, therefore, no cause of action had arisen in favour of plaintiff for filing the suit against the petitioner.