ROOMI RAM Vs. TEJ SINGH

JUDGEMENT

(1.) Learned Trial Court vide order dtd. 6/10/2021 dismissed an application moved by the defendant- petitioner herein under Order 8 Rule 1A(3) read with Sec. 151 of the Code of Civil Procedure for placing on record memo of appeal and certain order sheets of RSA No. 574 of 2008 instituted before this Court. The order has been questioned by the defendant in this petition.

(2.) A suit was filed by Tej Singh plaintiff (respondent herein) seeking a decree for permanent prohibitory injunction against Roomi Ram defendant (petitioner herein) in respect of the suit land measuring 39/9/0 bighas, comprised in khata khatauni No. 44/51, 42/49, situated in Mohal Andwas, Pargana Himgiri, Tehsil Salooni, District Chamba. In the alternative, a decree for possession was also prayed for. It was mentioned in paras 3 and 4 of the plaint that defendant Roomi Ram had earlier filed a Civil Suit for declaration and permanent prohibitory injunction. This Civil Suit bearing No. 154 of 2001, titled as Roomi Ram versus Tej Singh and others was regarding the same suit land as involved in the present lis. That the said Civil Suit was dismissed by the Civil Judge (Sr. Divn.) Chamba vide judgment and decree dtd. 29/9/2007. Roomi Ram's appeal against this judgment and decree was dismissed on 14/7/2008. It was also stated in the plaint that Roomi Ram had preferred a Regular Second Appeal alongwith an application under Sec. 5 of the Limitation Act before this Court but the application under Sec. 5 of the Limitation Act was still pending and had not been adjudicated upon. It was further pleaded that this meant that the Regular Second Appeal had not been registered or entertained by this Court. Respondent/plaintiff Tej Singh also pleaded in the penultimate para of the plaint that previously instituted suit between the same parties for declaration regarding the same subject matter stood decided and no other matter regarding the same cause of action was pending between the parties in any Court. Paras 3, 4 and 11 of the plaint read as under:-

(3.) Parties led evidence in support of their respective contentions. The matter was fixed for arguments. After hearing the submissions the case was fixed for pronouncement of order on 20/6/2019. It appears from the record that order was not announced and the matter was perhaps adjourned again for arguments. On 27/7/2019 petitioner/defendant Roomi Ram moved an application under Order 8 Rule 1A(3) read with Sec. 151 CPC with the prayer that he be allowed to place on record certified copies of order sheets dtd. 31/10/2008, 30/4/2010, 13/5/2010 and 1/12/2016 as well as certified copy of memorandum of Regular Second Appeal preferred by him before this Court arising out of previous litigation between the parties. It was also stated in the application that application filed under Sec. 5 of the Limitation Act moved by Roomi Ram alongwith the Regular Second Appeal had been allowed by this Court and the said Appeal had been entertained. It was registered as RSA No. 574 of 2008 on 31/10/2008.