NEELAM RANA Vs. MEERA DEWAN

JUDGEMENT

(1.) Interim order passed upon application filed under Section 151 CPC.

(2.) Mrs. Meera Dewan wife of Sanjiv Dewan and another filed Civil Suit No.32 of 2007 titled Mrs. Meera Diwan Vs. Mrs. Neelam Rana for grant of decree in favour of plaintiffs and against defendant with prayer to direct defendant to execute registered sale deed in favour of coplaintiff No.2 in respect of land and building comprised in khewat No.50 min, Khatauni Mo.52 min and Khasra No. 191/188/137/12 measuring one bigha situated in mauza Mashobra Tehsil Kasauli District Solan HP. Plaintiffs also sought additional relief of decree of permanent perpetual prohibitory injunction in favour of co-plaintiff No.2 and against defendant restraining defendant from interfering in any manner whatsoever in the peaceful exclusive use, occupation and possession of suit land. Civil Suit No. 32 of 2007 titled Mrs. Meera Dewan and another Vs. Mrs. Neelam Rana is pending before learned District Judge Solan for disposal.

(3.) During the pendency of Civil Suit No. 32 of 2007 titled Mrs. Meera Dewan and another Vs. Mrs. Neelam Rana defendant Neelam Rana filed application under Section 45 of the Indian Evidence Act read with Section 151 CPC before learned trial Court i.e. District Judge Solan H.P for sending supplementary agreement dated 1.10.2004 and power of attorney dated 1.10.2004 alleged to be executed by defendant to FSL Junga for examination of hand writing and for obtaining opinion of hand writing expert. Learned trial Court obtained the response of non-applicants and thereafter learned trial Court dismissed the application on dated 25.3.2015 filed by applicant-defendant under Section 45 of the Indian Evidence Act on the ground that defendant has filed the present application just to wriggle out of admission already made by her in her pleading and evidence and on the ground that present application filed by defendant just to linger on proceedings of civil suit.