ARJUN LAL Vs. BISHAN DAYAL

JUDGEMENT

(1.) THE epitome of the facts & material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record is that, initially petitioner -plaintiff -Arjun Lal son of Rameshwar Dayal(for brevity "the plaintiff") has instituted the civil suit for a decree of separate possession by way of partition in respect of the land in dispute against respondents -defendants -Bishan Dayal & Ram Kishan @ Kishan Lal, sons of Rameshwar Dayal and others(for short "the defendants"). The defendants contested the claim of the plaintiff, filed the written statement, stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit.

(2.) ULTIMATELY , the case was slated for rebuttal evidence and arguments. The plaintiff moved an application(Annexure P -1), to produce on record copy of registered sale -deed dated 25.06.2003, certified copy of the plaint, mutation and the Certificate issued by the Secretary, Municipal Committee etc., in respect of the property in dispute. Defendant No.1 refuted the prayer of the plaintiff, filed the reply and prayed for dismissal of the application.

(3.) SEQUELLY , the trial Court dismissed the application filed by the plaintiff by virtue of impugned order dated 25.07.2011(Annexure P - 2).