DHARAM PAL Vs. UTTAM CHAND

JUDGEMENT

(1.) Heard. Challenge herein is to an order dated 18.07.2015 passed by learned Civil Judge (Junior Division), Karsog, District Mandi, H. P. in an application filed under Order 7 Rule 14(3) of the Code of Civil Procedure, registered as CMA No. 98-IV/2015, whereby the prayer made in the application qua placing on record the spot map filed therewith has been declined on the ground that without primary proof such as demarcation report etc., the spot map is not admissible in evidence. The application, as such, was dismissed.

(2.) Learned counsel submits that at the time when the application for placing on record the spot map filed, copy of demarcation report and other records pertaining to the demarcation proceedings was not available with the petitioner-plaintiff and only the copy of spot map was made available to him. Now, after dismissal of the application, the demarcation report and other record, i.e. the statements of the parties and local residents have also been supplied to him.

(3.) The copy of demarcation report, statements of the parties, spot map and that of the defendant and other right holders are annexed to the application as Annexure P-6, which was filed before the Assistant Collector 1st Grade for conducting demarcation of the land in dispute. Since it is only the spot map alone could be filed along with the application under Order 7 Rule 14(3) of the Code of Civil Procedure, learned trial Judge was absolutely justified while declining the permission to take the same on record, because without demarcation report and other proceedings, the spot map was nothing but merely a waste paper, having no evidentiary value.