DHAN SINGH DALAL Vs. KAMLESH

JUDGEMENT

(1.) PETITIONER has filed this revision against the trial Court's order dated 10. 11. 1995, whereby his petition filed Under Section 340, Code of Criminal Procedure has been dismissed.

(2.) BRIEF facts of the case are that respondent Smt. Kamlesh filed the civil suit No. 106 of 1994 against the petitioner and three other persons in the Court of Sub Judge I Class, Bahadurgarh on 1. 3. 1994 for permanent injunction. In this suit Smt. Kamlesh plaintiff-respondent alleged that she is in possession of the disputed land mentioned therein. She also averred that she has purchased this suit land from Mohinder Singh and Maha Singh vide sale deed dated 9. 1. 1990. Photo-state Copy of the sale deed was produced along with plaint. She alleged that she has started construction on this plot, but defendants are interfering in her construction work. Hence, she filed suit for permanent injunction restraining the defendants from interfering in her construction work. On 1. 3. 1994 itself the learned Sub Judge passed the injunction order restraining them from interfering in peaceful possession of the plaintiff over the disputed plot and issued 'show cause notice to the defendants for 3. 3. 1994. Compliance of the Order 39 Rule 3, Civil Procedure Code, was also ordered. Thereafter, after hearing both the parties, this ex parte injunction order was confirmed.

(3.) AFTER hearing both the parties, the trial Court vide his order dated 19. 9. 1995 dismissed this petition holding that "at this stage when either of the parties has not produced any evidence on record and without evidence, the court cannot reach any conclusion as regard the forgery is concerned and hence, the provisions in this civil suit as enumerated in Under Section 195, Code of Criminal Procedure, are not attracted at this stage. If any forgery is proved in this case by evidence of the defendant, then the prosecution of the plaintiff can be ordered at the time of passing the final judgment. "