HUKAM CHAND Vs. BHINTRA DEVI

JUDGEMENT

(1.) The plaintiff instituted a suit for permanent injunction as well as mandatory injunction against the defendant/respondent herein. The act of the defendant/respondent herein which actuated the plaintiff to institute the suit aforesaid against the former is grooved in the factum of the respondent herein having by stacking stones on a path providing access to the Abadi of the plaintiff deterred its user by the plaintiff/petitioner herein. During the pendency of the suit before the learned trial Court the petitioner applicant instituted an application under Section 151 CPC seeking a direction from the learned trial Court to the revenue agency concerned to after carrying out the necessary demarcation place on record a Tatima depicting whether the user of path by the plaintiff/petitioner to access his Abadi stood hindered besides deterred in the manner aforesaid. However, the application stood rejected by the learned trial Court on the score that the acceptance of the application would result in collection of evidence at the instance of the learned trial Court in favour of the plaintiffpetitioner herein. The aforesaid reason is perse legally frail and necessitates its being discountenanced especially for the reason that when the parties are at contest qua the fact whether the defendant/respondent by the act attributed to her by the plaintiff/petitioner has precluded access to the petitioner besides to other villagers to their respective Abadis necessarily when the said issue would have stood mitigated besides would have been clinched only in the face of a direction being rendered by the learned trial Court to the revenue agency concerned to carry out the purpose disclosed in the application. As a corollary then the learned trial Court in not proceeding to accept the application has defacilitated the emergence of or sprouting of clinching evidence to rest at peace the controversy engaging the parties at lis. In aftermath the learned trial Court misdirected itself in law in dismissing the application of the petitioner.