DUDH NATH Vs. UNION OF INDIA AND ANOTHER

JUDGEMENT

(1.) IN this revision petition filed under Article 227 of the Constitution of India by Dudh Nath plaintiff, challenge is to order dated 1.9.2011 Annexure P/1 and order dated 14.9.2011 Annexure P/2 passed by the lower appellate court. Plaintiff has filed suit for permanent injunction restraining defendants/respondents Union of India and Divisional Manager of Railway from interfering in possession of the plaintiff over the suit house. Plaintiff's application for temporary injunction to the same effect during pendency of the suit was dismissed by the trial court vide order dated 25.9.2008. Plaintiff has filed miscellaneous civil appeal in the court of District Judge against the said order of the trial court.

(2.) DURING pendency of the aforesaid appeal, plaintiff moved application Annexure P/4 for amendment of the grounds of appeal to claim relief of recovery of Rs. 2 lacs for alleged illegal demolition of the suit property by the defendants. The said application has been dismissed by lower appellate court vide order dated 1.9.2011 Annexure P/1. Thereafter plaintiff moved application Annexure P/5 in the lower appellate court for supply of correct (non -corrupted) copy of order Annexure P/1 and copies of some other documents alleging that the copies supplied by the Copying Agency were not correct. The said application has been dismissed by lower appellate court vide order dated 14.9.2011 Annexure P/2. Plaintiff has filed this revision petition to assail orders Annexures P/1 and P/2.

(3.) AS regards order Annexure P/2, counsel for the petitioner has pointed out that in copy of order Annexure P/1 and also in copies of other documents, head note of amended grounds of appeal Annexure P/4/1 has been given although amendment of grounds of appeal was disallowed and therefore, head note of unamended grounds of appeal Annexure P/3 should have been given. Copying Agency of the District Judge, Ambala is directed to supply copies of relevant documents with head note of unamended grounds of appeal instead of amended grounds of appeal. The aforesaid grievance of the petitioner is accordingly redressed.