SNEH LATA AND ANOTHER Vs. OM PARKASH

JUDGEMENT

(1.) This petition is instituted against the order dated 27.3.2014 passed by the Civil Judge (Senior Division), Nadaun in CMA No.260/2013 in Civil Suit No. 245/2003.

(2.) Pertinent facts necessary for the adjudication of this petition are that respondent-plaintiff (hereinafter referred to as the "plaintiff" for convenience sake) has filed Civil Suit No. 245/2003 against the petitioners-defendants (hereinafter referred to as the "defendants" for convenience sake) for permanent prohibitory injunction restraining the defendants from dispossessing or ejecting the plaintiff from the shop shown as 'A' 'B' 'C' and 'D' in the site plan over the land comprising Khata No. 257 min, Khatoni No. 270 min, khasra No.422 measuring 6 Kanal 2 marlas situated in Tika Seri Mouza Jalari, Tehsil Nadaun, District Hamirpur.

(3.) Defendants filed an application under section 65 of the Evidence Act for leading secondary evidence. The application was contested by the plaintiff. Learned Civil Judge (Senior Division) framed the issues on 3.8.2013. The application was dismissed by the Civil Judge (Senior Division) on 27.3.2014. Hence, the present petition.