LAWS(HPH)-2016-5-215

NAMINDER SINGH Vs. ATMA SINGH

Decided On May 18, 2016
Naminder Singh Appellant
V/S
ATMA SINGH Respondents

JUDGEMENT

(1.) This petition under Art. 227 of the Constitution of India is directed against the orders passed by learned Civil Judge (Junior Division) on 19.8.2015 and 28.8.2015, respectively.

(2.) The petitioner/plaintiff instituted a suit for declaration to the effect that he along with another co-sharer was the owner in possession of the suit land. The parties completed their pleadings, issues were framed and thereafter evidence was also led and closed by the respective parties. At an earlier stage, the petitioner had even approached this Court by filing Civil Revision No. 56 of 2015 and this Court vide order dated 26.6.2015 had not only dismissed the revision but had directed the learned Court below to decide the case as expeditiously as possible and in no event later than 30.9.2015, the reason being that the suit had been filed more than a decade on 13.02.2005.

(3.) The grievance of the petitioner is two fold. Firstly, vide order dated 19.8.2015 (Annexure P-10) his application under Sec. 151 Civil Procedure Code for placing certain documents on record has been ordered to be dismissed and thereafter vide order dated 28.8.2015 the subsequent application filed by him for seeking permission to examine two persons namely Prittam Chand and Harbhajan Singh in rebuttal evidence has been dismissed.