RUMI RAM Vs. JANTA RAM

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 22.03.2011, passed by the learned Civil Judge (Sr. Division), Chamba in Civil Suit No. 119 of 2010.

(2.) MATERIAL facts necessary for adjudication of this petition are that the respondent -plaintiff, Janta Ram (hereinafter referred to as "the plaintiff" for convenience sake), has filed a Civil Suit in the Court of learned Civil Judge (Senior Division), Chamba, seeking directions to the petitioners - defendants (hereinafter referred to as "the defendants" for brevity sake)to restore the flow of rain water through the Government land adjoining to the suit land comprised in Khata Khatauni No. 85/113, Khasra No. 805/268, measuring 01 -02 -00 bighas, situated at Mauza Kunda, Pargna Himgiri, Tehsil Churah, District Chamba, H.P. so that it may not enter into the suit land and cause damage thereon. The plaintiff has also prayed for a recovery of Rs.5,000/ - for damage being caused by the defendants to maize crop.

(3.) MR . N.K. Thakur, learned counsel for the petitioners has vehemently argued that the written statement though was ready, but could not be filed since the learned Presiding Officer was on leave on 20.12.2010 and 17.02.2011.