STATE OF MEGHALAYA Vs. ARMSTRONG SYIEM

JUDGEMENT

(1.) In this revision petition filed under Article 227 of the Constitution of India, the petitioner-State has sought quashing of the impugned order dated 09.04.2019 passed by the learned Assistant to Deputy Commissioner (Judicial), Ri Bhoi District, Nongpoh in T.S. No.1 (T) of 2015 returning the petitioners application under Order VII Rule 14 (3) read with Section 151 of the Code of Civil Procedure (CPC), accepting the objection petition dated 05.11.2018 and rejecting the document marked as Exhibit D-1 Deed of Gift dated 18.07.2012 registered on 26.07.2012 annexed with the examination-in-chief by way of affidavit of DW1, thereby declining the petitioner-State leave to produce additional document in evidence before the learned Trial Court.

(2.) The brief facts may be noticed.

(3.) The respondent/plaintiff had filed a suit before the Court of Assistant to Deputy Commissioner (Judicial), Ri Bhoi District, Nongpoh which was registered as T.S. No.1 (T) of 2015 for alleged encroachment upon his landed property by the Public Works Department (Roads), Shillong North Division as he is the owner of the suit property situated at Umtynrah-Umdohbyrthih, Ri Bhoi District, Nongpoh, Meghalaya by virtue of a registered Deed of Declaration dated 14.09.2004 under the pretext of widening and constructing a road to provide connectivity. Further, the defendants/petitioners have illegally encroached upon part of his landed property despite protest contained in the letters dated 10.04.2014; 08.05.2014 and statutory notice dated 02.06.2014 under Section 80 of the CPC to petitioner No.2.