MOHAN KANT SAMADHIYA Vs. AJAY KULSRESTHA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dtd. 30/10/2021 passed in Civil Suit No.131-A/2018 pending in the Court of Second Civil Judge, Class-II, Gwalior, by which the application filed by the petitioner under Order 19 Rule 1 of CPC has been rejected.

(2.) The facts of the case are that the petitioners are the plaintiffs and they have filed a suit for declaration of title and permanent injunction. The defendants/respondents filed an application under Order 16 Rule 6 read with Sec. 151 of CPC for calling the copy of order dtd. 6/8/1996 passed by Joint Registrar, Cooperative Society, Gwalior on the ground that in spite of various efforts made by the respondents/defendants, the employees of the concerning department are not providing the same.

(3.) It is not out of place to mention here that the said application is still pending and has not been decided. It appears that the petitioner filed an application under Order 19 Rule 1 read with Sec. 151 of CPC alleging that the aforesaid allegations made against the employees of Joint Registrar, are required to be supported by an affidavit and, accordingly, the respondents/defendants be directed to file specific affidavit in support of paragraph 4 of the application filed under Order 16 Rule 6 of CPC.