SMT. KASTURI BAI Vs. UMESH SAINI

JUDGEMENT

(1.) Respondent has entered his appearance on advance copy and with consent of both the parties the petition is heard finally.

(2.) This is a petition under Article 227 of the Constitution of India.

(3.) The petitioner/plaintiff has challenged the legality and validity of the order dated 18.11.2016 whereby the application filed by the petitioner/plaintiff under Order 16, Rule 1 read with Section 151 of the Civil Procedure Code (Hereinafter referred to as the CPC) to issue summons to the Nazul Officer to produce the original record of mutation proceedings bearing No. 343/P- 12/2010-11 titled as Umesh Saini v. State of M.P. to establish the fact that the revenue authority in connivance with the respondent/defendant had issued the alleged no-objection certificate on the basis of the forged signature of Kasturi Bai and there was serious illegality committed by the revenue authority. The petitioner has further alleged that she had filed an application for obtaining the certified copy of those proceedings but the same were not furnished to her. The petitioner/plaintiff has filed a Civil Suit against the respondent/defendant for declaration and permanent injunction. The case of the plaintiff is that, due to her personal need she has sold a plot ad-measuring 22x30 =600 Sq. feet out of khasra no. 1172 by a registered sale deed dated 12.12.2006 and the description of boundary of the said plot was given as under:-