BRAHAM SINGH Vs. AJIT SINGH

JUDGEMENT

(1.) The present revision petition has been filed by Braham Singh, hereinafter described as the petitioner" directed against the order passed by the learned Civil Judge (Junior Division), Karnal dated 30. 10. 1998. By virtue of the impugned order, the learned trial Court dismissed the application filed by the petitioner under order 18 Rule 17-A of the Code of Civil Procedure for short "the Code".

(2.) The relevant facts are that Ajit Singh has filed a Civil suit for mandatory injunction. The dispute relates to the alleged encroachment of certain portion of the property in dispute. The said suit was being contested. During the pendency of the suit, an application was filed under Order 18 Rule 17-A of the Code asserting that another suit titled Ajit Singh v. Braham Singh is also pending. Both the suits were consolidated. The evidence of the parties had already been recorded in the case titled Braham Singh v. Harbans Singh. Two demarcation reports have been produced. The case of Ajit Singh was that Braham Singh had constructed the stair-case in his land i. e. of Ajit Singh. Braham Singh contended that he had constructed the stair-case in his own land. It was prayed that the petitioner should be allowed to place on record a copy of the demarcation report dated 18. 8. 1998. The application as such was contested. A preliminary objection was raised that it was not maintainable. It was further alleged that on 20. 1. 1993 Shri Sant Parkash, Sub Judge, 1st Class, Karnal, had dismissed the earlier application filed by Braham Singh for the appointment of Local Commissioner and the application as such is not maintainable, it was further alleged that the said document is not relevant and in any case it should not be allowed to be produced.

(3.) The learned trial Court taking note of Order 18 Rule 17-A of the Code held that after due diligence such an evidence can be produced and that the petitioner has already led the evidence. The application accordingly was dismissed. Aggrieved by the same, present revision petition has been filed.