KAMAL KUMAR Vs. VIMLA

JUDGEMENT

(1.) Learned Trial Court has dismissed plaintiff's application moved under Order 7 Rule 14(3) read with Sec. 151 of Code of Civil Procedure (in short CPC) for producing on record certified copy of mutation and jamabandi. Aggrieved, the plaintiff has preferred the present petition under Article 227 of the Constitution of India.

(2.) A Civil Suit for declaration with consequential relief of permanent prohibitory and mandatory injunction in respect of Khasra No.281 was instituted by the petitioner/plaintiff on 7/12/2013. It was inter-alia pleaded that the petitioner/ plaintiff had right to use and enjoy the passage of 0-3 Karam in width and 38 karam in length in the center of Khasra No.281. Written statement was filed on 9. 05.2014. The parties led evidence. The arguments were heard on 27/11/2019. The matter was fixed for pronouncement of the judgment on 26/12/2019. The civil suit was fixed for re-hearing on 22/3/2021, on which date, the petitioner/plaintiff moved an application under Order 7 Rule 14(3) read with Sec. 151 of CPC seeking permission to produce certified copy of mutation No.276 dtd. 14/6/1991 and copy of jamabandi of Khasra No.369/281. The respondents/defendants in their reply opposed the payer made in the application. Vide order dtd. 16/12/2021, learned Trial Court dismissed the application. This order has been impugned in the present petition.

(3.) I have heard learned counsel for the parties and gone through the material available on record.