CHARAN DASS Vs. MADAN MOHAN ALIAS MADAN LAL

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India filed by the Petitioner against the order passed by the learned trial Court, dated 30.9.2010, vide which the application filed by the present Petitioner (Plaintiff before the learned trial Court) under Section 151 Code of Civil Procedure for permission to take the samples of constructed portion raised by the Respondent/Defendant, as explained in the pleadings, was dismissed.

(2.) I have heard the learned Counsel for the parties and have gone through the record of the case.

(3.) A perusal of the record shows that earlier an application under Order 26 Rule 9 for appointment of an expert in regard to the construction raised by the Defendant was filed and the said application was dismissed by the learned trial Court, which order was upheld by this Court also. A perusal of the impugned order shows that it has been observed by the learned trial Court that the perusal of the ingredients of the earlier application and the present application shows that they are identical and it cannot sit over the order of the High Court.