HARPHOOL SINGH Vs. SIRI RAM

JUDGEMENT

(1.) The present revision petition has been filed under Art. 227 of the Constitution of India for setting aside impugned order dated 29.8.2016 (Annexure P-7) whereby the application filed by the petitioner-plaintiffs for leading additional evidence in the shape of report dated 9.1.2015 (Annexure P-4) prepared by the State Pollution Control Board, Panipat, has been dismissed.

(2.) Briefly the facts of the case are that petitioner-plaintiffs filed a suit for permanent as well as mandatory injunction before the trial Court by making averments that respondent-defendants No. 1 to 4 had installed an industrial factory/workshop in the adjoining building and on account of its constant working, the lives of the inhabitants including school going as well as college going students have become hell. Not only the noise but vibrations are also there in the building because of the industrial concern being run by respondent-defendants No. 1 to 4.

(3.) During pendency of the suit, the petitioner-plaintiffs moved an application for leading additional evidence by producing information provided by the Public Information Officer of Haryana Pollution Control Board, Panipat along with inspection report dated 9.1.2015 provided under the Right to Information Act. Separate reply of the application was filed by respondents No. 1 and 7. Said application was dismissed vide order dated 29.8.2016 which is subject matter of challenge in the present revision petition.