SHEELA DEVI Vs. INDU BALA AND ANOTHER

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, the petitioner has challenged order dated 07.11.2017, passed by the Court of learned Senior Civil Judge, Court No. I, Amb, District Una, in a Civil Miscellaneous Application under Section 73 of the Indian Evidence Act, filed in Civil Suit No. RBT 317/08/10, for calling record from GRR Judicial, Una.

(2.) Brief facts necessary for adjudication of the present petition are as under:- Present petitioner/plaintiff (hereinafter referred to as 'plaintiff') has filed a suit for declaration against the respondents/defendants to the effect that she is exclusive owner in possession of the suit land measuring 711-91 square decimeters being 1/3rd share of land measuring 2135-75 square decimeters, comprised in Khewat No. 8, Khatauni No. 10 and Khasra No. 4, situated in Up Mohal Ram Nagar, Mouja Gagret, Tehsil Amb, District Una, HP (hereinafter referred to as 'suit land') and that the sale deed dated 14.2007 alleged to have been executed by plaintiff in favour of Naresh Kumar is illegal, null and void and is a result of fraud, misrepresentation and coercion, and also for a consequential relief of permanent injunction restraining the defendant from getting mutation in their favour pursuant to sale deed dated 14.2007. As per plaintiff, she is an old illiterate widow who had three sons. Vendee Naresh Kumar was her eldest son.

(3.) During the pendency of the suit, plaintiff filed an application under Section 73 of the Indian Evidence Act for calling record from GRR Judicial, Una regarding case titled State versus Narinder Kumar, in which the following prayer was made:-