PABETRI DEVI AND ORS. Vs. UNION OF INDIA

JUDGEMENT

(1.) PLAINTIFF /appellant has invoked supervisory jurisdiction of this Court under Article 227 of the Constitution of India assailing the order dated 20.09.2005, passed by the Appellate Court/Additional District Judge, Dehradun in Civil Appeal No. 68 of 2002 whereby application moved by the plaintiff/appellant seeking amendment in the plaint giving complete and correct details of the property in dispute and seeking permission to enclose the site map alongwith the plaint was rejected. Undisputedly, suit filed by the plaintiff/appellant was dismissed by the Trial Court on the ground that property in question is not identifiable for want of correct and compete description of the property in question. During the pendency of the appeal, one application was moved by the plaintiff, paper No. 43 -C, to summon record of O.S. No. 44 of 1985, Shri Vinay Kumar Vs. M.N. Notiyal stating that property in question in the present suit was also involved in the previous suit, therefore, to find out the correct description of the property in question alongwith the cite map file of O.S. No. 44 of 1985 be summoned.

(2.) HOWEVER , application 43 -C was rejected by the Trial Court saying that plaintiff may obtain certified copy of the plaint and may place it on record of the appeal.

(3.) HOWEVER , amendment sought by the plaintiff appellant to give complete and correct description of the property in question alongwith the request to enclose the cite map alongwith the plaint was rejected on hyper technical ground that plaintiff/appellant could not prove that despite due diligence why same was not mentioned in the plaint.