RANVEER SINGH Vs. SOBHAGYA SINGH

JUDGEMENT

(1.) THE petitioner/defendant has filed this petition feeling aggrieved with the order dated 14.1.2011 whereby his application under Order 13 Rule 10 r/w 151 CPC is rejected by the Court below. In this petition filed under Article 227 of the Constitution, it is prayed that the impugned order be set aside and his application Annexure P -10 be allowed.

(2.) THE respondent/plaintiff filed a suit for permanent injunction. The petitioner/defendant filed his written statement. Thereafter he filed an application under Order 13 Rule 10 CPC (Annexure P -10). In the said application, it is stated that the plaintiff's case is based on an alleged patta dated 6.9.1998. Plaintiff is claiming himself to be "Bhumiswami" on the basis of said patta, whereas the stand of defendant is that in Survey No.2127, no patta was issued in favour of the plaintiff.

(3.) THE petitioner/defendant preferred application before Tehsil office and Collectorate for obtaining copy of the original documents/aforesaid patta. Both the office aforesaid have informed the defendant that there exists no file regarding said patta. The said disclosure by said offices show that the patta is a fabricated document. On the strength of this, it is prayed that the concerned file be summoned from Tehsil office. The Court below rejected the said application on the sole ground that burden to prove the said patta is on the shoulder of the plaintiff. It is for the plaintiff to prove the said documents in accordance with law. If plaintiff fails to produce the same, he will be at loss. On the strength of this reason, the application is rejected.